Fired = unemployement? (insurance, employment, wages) - City-Data Forum

SFYW · 03-23-2009, 08:23 AM

Im new to the forums. I was recently fired due to "sub-standard work". I had a review, was good for the most part and was given 10 goals I need to work on/ employer would like to see. Had some employees call out sick over the 30 day period, got busy and did not complete all 10 of them. Got 8 of them done. Day 31 goes by, no review or meeting to talk about goals. I get called into bosses office and fired on the spot.

Worked there 1.5 years, never missed 1 day, was late to work twice. No written, verbal or misconduct warnings. I was never told failure to complete all these goals would result in termination or anything.

My question is: Am I eligible for unemployment benefits? Is it worth even signing up?

mullman · 03-23-2009, 08:32 AM

First of all, sorry to hear about your situation - it is never easy.

My experience would say that you are definitely eligible.

I terminated someone a few years ago who literally had a 75% attendance record over 2 years.
I had to choice, it was bringing down morale.
Never an excuse, just seemed to be allergic to Mondays and some Tuesdays.
Warnings upon warnings, notices, everything documented and filed.

This gentlemen received two full terms of unemployment regardless of my irrefutable proof (time cards & pay stubs) of his lack of attendance.

By comparison, you sound like a model employee!

Seriously though, good luck.

Wookie21 · 03-23-2009, 08:45 AM

Yes, you should definitely be elgibile by the story you gave us. I assume they did not give you any severance. If they did, you cannot file until your severance runs out.

Whytewulf · 03-23-2009, 09:11 AM

Yes you are. File ASAP.

lovesMountains · 03-23-2009, 09:13 AM

Quote:

Originally Posted by Whytewulf

Yes you are. File ASAP.

Especially since it takes weeks to get it started

gkleoni1 · 03-23-2009, 09:50 AM

Ha, at first glance I thought your header said, "fired = unemployed" and I was like ummm, yea! You should be fine, hard to fight unemployemnt insurance in general unless you stoled or did drugs and they have proof.

vindaloo · 03-23-2009, 12:12 PM

If the goals of which you speak are annual goals/objectives that you were expected to meet and didn't, your boss had the documented right to release you. This would be considered as being fired. If you are fired, you are not eligible for unemployment. Your boss should have met with you every couple of months and provided feedback on your performance. If he didn't he was not a responsible employer. Good luck, but I don't think you will qualify. Of course, firing you is cheaper for your former boss, so that could be a reason as well.

Whytewulf · 03-23-2009, 12:15 PM

Quote:

Originally Posted by bandibadji

If the goals of which you speak are annual goals/objectives that you were expected to meet and didn't, your boss had the documented right to release you. This would be considered as being fired. If you are fired, you are not eligible for unemployment. Your boss should have met with you every couple of months and provided feedback on your performance. If he didn't he was not a responsible employer. Good luck, but I don't think you will qualify. Of course, firing you is cheaper for your former boss, so that could be a reason as well.

I am not sure that's correct, if let go from a company through a firing or layoff you are eligable for unemployment benefits after your compansation ceases, such as severance. I believe the key is Gross Misconduct (i.e. illegal activity), which in your explanation doesn't seem to be the case. There are exceptions to this, and I am no expert, but give them a call ASAP. The State of North Carolina has a set of rules ralted to whether you can claim. The basic requirements for collecting unemployment are:

You must have been employed. The Employment Security Commission of North Carolina publishes requirements for wages earned or time worked during an established period of time referred to as a "base period."
You must be determined to be unemployed through no fault of your own as defined under North Carolina law.
You must file ongoing claims and respond to questions concerning your continued eligibility. You must report any earnings from work and any job offers or refusal of work during any claim period.
Meet any other unemployment eligibility requirements of North Carolina law.

https://www.ncesc.com/individual/web....asp?init=true

SFYW · 03-23-2009, 12:42 PM

I had a 1 year review....2 months late. They outlined some goals ( things they would like to see a change in). During this 1 year review we are graded on A-F grading system on certain task. I never received below a B on any of it. I have a copy of this review. I did nothing illegal. I was told we were going to discuss this and follow up after 30 days. 31 days later I got the boot.

I have already filed and started looking elsewhere. Thanks for all the replies. Any suggestions or advice is appreciated.

Other thing that makes me nervous is my company although only 4 years old, as never lost an unemployment hearing. But while I was there we have never fired someone with going through the warning system/ gross misconduct.

USCDTD · 03-23-2009, 12:44 PM

I agree, it doesn't sound like you were fired for gross misconduct. If you have proof of a good review and they don't have anything of a written record of problems you should have a good case to collect.

The worst thing they can say is NO, file and see. If need be you can always get a hearing and make the case with copies of your reviews and work history.

Like stated above most employers state you are fired to save money and hope you just move on. If they don't replace you that is even more in your favor.

Good luck