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Can I Get Unemployment After Termination for Poor Job Performance

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  • 12-09-2013, 09:03 PM
    Raiderman01
    Can I Get Unemployment After Termination for Poor Job Performance
    My question involves unemployment benefits for the state of: Va

    Can I get unemployment if my boss keeps writing me up for poor job performance? I unload trucks in a warehouse and my boss has written me up twice for poor job performance. He says I am not unloading fast enough but has not given me any designated number of cases to be unloaded per day. He says other people in my department are unloading faster than I am and that I need to speed things up. I have tried my best to go faster but I cant physically keep up with coworkers. I think he is trying to get rid of me and one of my other coworkers so he can save on the budget. On average the whole department finishes the days work in 6 or less hours. That leaves us 2 -3 hours per day of sweeping and trying to find something to do? How can he tell me I am not going fast enough when we run out of work daily? I don't know what to do, I cant go to human resources because she backs everything he does. I have applied at other jobs but I haven't heard anything from them. He told me that if I applied for unemployment the company would fight it so I couldn't get it. I need a idea of what to do?
  • 12-09-2013, 09:07 PM
    Dogmatique
    Re: Can I Get Unemployment for Poor Job Performance
    Pretty sure the answers remain the same as your other thread.
  • 12-09-2013, 09:10 PM
    chyvan
    Re: Can I Get Unemployment for Poor Job Performance
    Just keep doing what you're doing. Poor performance is NOT misconduct by itself. The employer would have to prove that you are capable of doing more and that you are delibrately not doing it. Pretty high bar. In the UI world, it's treated as inability not misconduct.

    However, take your employer's actions as notice. Don't do anything that is misconduct because you're probably going to need those benefits. Also, when it comes to unemployment matters, NEVER listen to your employer.
  • 12-10-2013, 07:02 AM
    cbg
    Re: Can I Get Unemployment for Poor Job Performance
    Poor performance is rarely a disqualifier for benefits. Your employer would have to show valid and supportable evidence that you could perform to standard and were deliberately working below par.
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