Results 1 to 10 of 10
  1. #1
    Join Date
    Feb 2014
    Posts
    5

    Default How to Get Unemployment After Getting Fired

    My question involves unemployment benefits for the state of: Indiana


    Question: Do I have a chance to gain full unemployment?



    I was recently fired from my job for poor performance (in Indiana).

    A week before the firing, I was told they were unhappy with my performance and offered me 2-3 months for me to find a new job or improve. I informed them that I appreciate it and would not be offended if they looked for another applicant while I continued to work for them. We all knew I was unhappy because I wasn't able to succeed in the role, even given the extra work I put in and time spent. (I was told months before this (2 months before, of the 8 I held the position) that I needed to improve. I did, and was even emailed saying that I had since brought my "A Game" and everything is good.)

    The following week--last--I was abruptly let go and offered a part-time position at the company instead. I of course took this role, as I need a job, but now I want to know of my eligibility for full unemployment benefits instead.

    I have not received anything in writing about being fired (no cause or reason) or of this new role and what is required of me. Nothing in writing as to pay, hours, or job responsibilities, etc. Only verbal.

    I do know that my employer was not happy with my performance, but it was my understanding that others in the same role as I were having issues with performance as well. Until the week before I was fired, I did not know that I would be fired (although I often joked about it to close co-workers).

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Just Fired - Any Assistance of Advice

    Poor performance is rarely if ever a disqualifier for UI. To NOT be granted UI when fired for a performance issue, the company would have to have very clear evidence that you COULD have performed to standard and DELIBERATELY were not doing so.

    However, it's unclear to me what your current status is. Are you, or are you not, still working for the same company, albeit in a different position? Have you actually begun working at the part time position yet?

  3. #3
    Join Date
    Feb 2014
    Posts
    5

    Default Re: Just Fired - Any Assistance of Advice

    I was fired 2/3, and asked if I wanted to work until the 14th. I said yes, of course, and I am working at a full-time capacity until then.

    On the 17th I am to start part time, although I do not have hours yet due to daycare issues on my end. Basically, I've been given free rein to make my hours, granted they're approved.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Just Fired - Any Assistance of Advice

    Here's the reason I'm asking.

    As I said above, it is unlikely that you will be disqualified for unemployment on the basis of poor performance. If you do not accept the new job and file for unemployment, it is likely that you will be approved. (I do not say, guaranteed, because there are other factors involved - including turning down available work.)

    Once you work the new job for even a day, that job becomes the one that the UI office will look at if you end up leaving the part time job. It will no longer be a case of being fired for poor performance on the full time job; it will be a case of your leaving the part time job for whatever reason you leave it.

    This is not to say that I am advising you not to take the part time job. I am not. UI pays only a fraction of full time earnings and I have long been an advocate of employees who have the opportunity to work part time doing so. Almost certainly, working part time and collecting partial UI due to the reduction in hours, will net you more than not working at all and collecting full UI for being fired for poor performance.

  5. #5
    Join Date
    Feb 2014
    Posts
    5

    Default Re: Just Fired - Any Assistance of Advice

    That is my dilemma: the hours in which I would work would be eaten away by daycare costs. That, and the amount I would make comes down to approximately 325$/week, where as my part time work would net me 320 per week, less daycare and gas...

    Advice?

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How to Get Unemployment After Getting Fired

    Don't lie to UI.

  7. #7
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: How to Get Unemployment After Getting Fired

    You'll have a decidedly better chance at getting UI to REFUSE the part-time job. Once you accept the part-time job, and decide it's not worth it, then it's a quit, and your chances will be pretty close to zero then.

    A refusal is all about suitability. That involves a comparison to what you were doing in recent previous employment and what they are offering you. Job duties, pay rate, hours, and what the prevailing conditions of work are for that type of occupation.

  8. #8
    Join Date
    Feb 2014
    Posts
    5

    Default Re: How to Get Unemployment After Getting Fired

    So my question then: If I make a claim today (Saturday) and have planned to begin part-time work on Monday, and am approved for unemployment down the line, can I leave my part-time role? Or do I need to decline part-time work now and hope for the best?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to Get Unemployment After Getting Fired

    Regardless of when you file your claim, if you accept the part time job and later quit it, you have potentially caused drastic harm to your claim. Because if you work at the part time job for one day - heck, one hour - and then quit it, IT becomes your most recent job.

    The EL crystal ball is out of order so I can't carve anything in stone for you, but if you plan to quit the part time job for anything short of a new full time one, do not count on your UI continuing beyond that date. Better that you don't accept it at all if you're not planning to keep it. Of course, this isn't 100% secure either because I promise you, your employer will tell the UI commission that you were offered work and turned it down.

    I still say that financially, you'll be best off to TAKE the part time job and apply for partial UI based on a reduction in hours.

  10. #10
    Join Date
    Feb 2014
    Posts
    5

    Default Re: How to Get Unemployment After Getting Fired

    I may have to take my chances and try to claim full unemployment. The reduction in hours is going to affect my pockets more than lack of work, what with daycare costs and gas. It's arguable, in my opinion, that going from 40 hours to 10-15 is considered a minor victory over being jobless....

    But I also haven't had anything put in writing to me, so I don't know what is required in my new role.

    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: Unemployment when Fired for Cause
    By art1 in forum Employment and Labor
    Replies: 1
    Last Post: 02-18-2013, 03:31 PM
  2. Unemployment Benefits: How to Be Sure You'll Get Unemployment If You're Fired
    By netrisca in forum Employment and Labor
    Replies: 2
    Last Post: 02-25-2012, 06:24 PM
  3. Unemployment Benefits: How Can You Be Sure You'll Get Unemployment if Fired
    By MOMA in forum Employment and Labor
    Replies: 3
    Last Post: 10-27-2011, 07:24 AM
  4. Unemployment Benefits: Fired for Looking for a Different Job - Can I Get Unemployment
    By MothersLove in forum Employment and Labor
    Replies: 14
    Last Post: 05-09-2011, 10:38 AM
  5. Unemployment Benefits: Getting Unemployment After Being Fired
    By dibugdi in forum Employment and Labor
    Replies: 12
    Last Post: 12-10-2007, 12:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources