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  1. #1
    Join Date
    May 2013
    Posts
    3

    Question Will a Termination for Poor Performance Be Considered Misconduct

    My question involves unemployment benefits for the state of: Minnesota

    I was fired this afternoon and the reason my manager gave me was poor performance. I received a bad annual review in October & the problems they listed were things like accuracy, attention to detail, meeting deadlines. They said they would revisit in December and when we did, they put me on a performance improvement plan. It was literally a paragraph long & the desired outcomes was a sentence. When I asked for examples (I had thought I was improving) I was told they didn't have any because "it doesn't happen everyday". I sent weekly emails to my manager checking in to ask if any issues that week concerning my pip that I should be aware of and met on a monthly basis to confirm. The end date for the pip was March 10th, and I was told on that date that I had improved and would be off the pip. However, my manager still came to me occasionally with errors and I was let go today. The separation letter doesn't give a reason, just that my employment ended effective today and some language about my retirement & COBRA. I did try to improve, I created spreadsheets to help me track & used Outlook for reminders, but I was still missing things. When I asked for guidelines for accuracy, like a percentage expectation, I was told "I expect everything you put in the system to be correct." They refused to set measurables for me to meet, just a lot of "you messed up with X, do better, slow down". I had a great review my first year there, but I guess my performance faltered. I'm worried I will not get UI because they will consider it misconduct since they supposedly tried to counsel me (not very well).

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Will This Be Considered Misconduct

    Nope. That's a performance issue and not a misconduct issue. Misconduct would normally be knowingly breaking rules, stealing, etc..

  3. #3
    Join Date
    May 2013
    Posts
    3

    Default Re: Will This Be Considered Misconduct

    I think my main concerns are that a) my manager kept saying she didn't feel like I was taking her seriously and I'm worried she will try to claim willful misconduct or a substantial lack of concern for my job, and b) as usual, there were other reasons behind this, mainly that my manager had personal issues with me. I was never insubordinate or confrontational however. My errors were things like forgetting to input a piece of data, or not updating a name tent or emailing a member for information and having to loop back for more. Nothing huge, nothing that cost the company money or members or good reputation or that caused extensive problems.

    Also, will the lack of reason on my termination letter and the fact I didn't sign anything to take me officially off my PIP in March be issues for me?

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Will This Be Considered Misconduct

    I'm not an HR expert, others who are will chime in shortly. To me, and I've been a manager, it still just sounds like poor performance. They did not put anything on your separation notice? That is odd.

    Does any of what I, or others, say prevent them from challenging your UI if you are approved? Nope. All you can do is be straight with the UI folks and keep it simple.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Will This Be Considered Misconduct

    In order for unemployment to be denied for poor performance, the employer will have to come up with convincing evidence that you could have performed to standard and deliberately did not. Poor performance is rarely a disqualifier for benefits. It takes more than the employer saying it was misconduct to convince the UI commission that it is.

  6. #6
    Join Date
    May 2013
    Posts
    3

    Default Re: Will This Be Considered Misconduct

    Quote Quoting cbg
    View Post
    In order for unemployment to be denied for poor performance, the employer will have to come up with convincing evidence that you could have performed to standard and deliberately did not. Poor performance is rarely a disqualifier for benefits. It takes more than the employer saying it was misconduct to convince the UI commission that it is.
    How would they go about proving something like that? As I said, I had a great review my first year so would that be enoygh to prove I could have done better now? Or will my efforts at following up on my pip and the fact none of the mistakes were big or daily occurances help?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Will a Termination for Poor Performance Be Considered Misconduct

    File for UI. Tell them you did your job to the best of your ability.

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