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Will I Be Eligible for Unemployment Terminated During Probationary Period

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  • 07-11-2013, 01:41 PM
    beforeiforget761
    Will I Be Eligible for Unemployment Terminated During Probationary Period
    I'm in California. I've been at my job on training for 7 months and am on a 1 year probation period. They're in the process of getting rid of me ("Rejection during Probationary Period" is what they're calling it). They're firing me because I wasn't able to successfully pass the training, not because I've not followed their policies or misconduct or anything like that, just simply because I can't do the job. I'm not quitting, and they're not technically "firing" me, they're just dismissing me during my probationary period.

    They said I can take resign, ride out the "rejection during probationary period" (which would last 2 weeks-2 months), or take voluntary demotion for any other open position in the company. The voluntary demotion consists of me finding another job in the company (which is a totally different type of job.. instead of working behind a desk I'm in the field working on vehicles), relocating, and taking a pay cut (which I can't do. I'm barley surviving with what they're paying me now.. I can't afford to take any less).

    Will I be eligible for Unemployment if I go through the "rejection during probationary period" until I'm able to find another job?
  • 07-11-2013, 01:59 PM
    Antigone
    Re: Will I Be Eligible for Unemployment Terminated During Probationary Period
    Quote:

    Quoting beforeiforget761
    View Post
    I'm in California. I've been at my job on training for 7 months and am on a 1 year probation period. They're in the process of getting rid of me ("Rejection during Probationary Period" is what they're calling it). They're firing me because I wasn't able to successfully pass the training, not because I've not followed their policies or misconduct or anything like that, just simply because I can't do the job. I'm not quitting, and they're not technically "firing" me, they're just dismissing me during my probationary period.

    They said I can take resign, ride out the "rejection during probationary period" (which would last 2 weeks-2 months), or take voluntary demotion for any other open position in the company. The voluntary demotion consists of me finding another job in the company (which is a totally different type of job.. instead of working behind a desk I'm in the field working on vehicles), relocating, and taking a pay cut (which I can't do. I'm barley surviving with what they're paying me now.. I can't afford to take any less).

    Will I be eligible for Unemployment if I go through the "rejection during probationary period" until I'm able to find another job?

    Don't worry about whether or not you are eligible. Apply no matter what.
  • 07-12-2013, 12:33 AM
    chyvan
    Re: Will I Be Eligible for Unemployment Terminated During Probationary Period
    "rejection during probationary period" doesn't have to be disqualifying because the company would have to prove that you are guilty of misconduct. Plain not being able to do the job is not misconduct unless they can prove you are delibrately doing it.

    Don't be fooled by the company telling you that you can resign. You do that, and you put your future UI claim at risk. If you don't want the other jobs that they are telling you you may apply for, then don't apply for them. They don't get to dictate what you apply for, and they can't use it against you. Only if they say, "you can have this other job," can they then say you refused work, and refusals of work when offered lower paying work after a short time on UI is almost always considered good cause.

    Also, don't mince words. "rejection during probationary period" is getting fired. CA is very strict now about claimants that say things like "laid off" and are hitting them with penalties of most commonly 2 weeks to 5 weeks. Just say you were discharged, let the state investigate, and be done with it.
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