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Old 08-25-2013, 01:03 PM
 
9 posts, read 104,728 times
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I have a question about unemployment eligibility for Illinois. I have a telephone interview with IDES in a few days. In the letter it stated that a question about my reason for discharged was raised, then it stated "misconduct" under 602A. When I filled out the online application for unemployment I put that I was discharged, because I didn't voluntarily quit or had been laid off.
My question is how do I handle answering the questions about my reason for being discharged.
The reason for being discharged was do to poor performance and not misconduct, the only thing I'm having trouble with is that I've looked at Illinois definition of misconduct and it says that if you've been previously warned or informed of the issue then you could be discharged for misconduct.
I had gone though 2 written warnings for poor performance. Both of these warnings had taken place with only 5 working days between them and I had no direction on how to improve my performance let alone time to turn it around. Between the second written warning and my discharge was almost two months. They had said that I did improve but not enough for them to try and make this work. I really tried to do everything I could to keep my job and help the team as well as try to take on projects to help out my department.
This is a big hospital and they could have offered to transfer me to another department but my interim manager seemed to just want me out even though I had received an increase in pay and an very good to excellent performance review.
Please any help with what I should say or if because of the 2 written warnings, my chances of getting unemployment should just stop now.
I have looked over everything on this website and the Internet. I just need direction on how to handle this phone interview or if you think my chances of getting UI this not even possible.
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Old 08-25-2013, 04:11 PM
 
Location: Wisconsin
24,106 posts, read 52,127,583 times
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You assert in the interview you tried your best, you did the best job you could, you tried to improve, you tried really hard to improve your performance. Key to granting benefits is to convince the interviewer your inability to perform up to expectations was not intentional.

Warnings on poor performance - unless your employer can PROVE you intentionally did not perform well - should not result in denial of benefits.

More information on "misconduct" here:

Grounds For Unemployment In Illinois

However, if the interviewer has any doubt and if your employer contests these benefits, you may still receive a denial and be required to appeal. Denials are default for the UE offices when there is doubt.

If you haven't seen this, you should read, and explore other areas of that site:

Illinois Unemployment Law: Understanding the Process

Good luck. Let us know what happens.
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Old 08-25-2013, 09:14 PM
 
9 posts, read 104,728 times
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I hate to be going over this again and again but I want to be sure that I'm not disqualified for benefits because I had received prior warnings about my poor performance.
I was going to say that I was discharged due to poor performance.
If they ask what happened prior to the discharge I was going to say that I'm not really sure because I tried by best and did my job to the best of my ability.
The only thing I'm not sure how to answer is if I received any prior warnings about my poor performance.
What should I say, yes I received two warnings or should I say yes I received a warning but afterwards I tried my best to improve my work performance and that I believed that I was doing well until the day that I was discharged.
I just think that from everything that I've read that I should incriminate myself and say as little as possible.
The only worry I have is the fact that the 2 written warnings were so close to each which I guess work that it could be deliberate. But like I said after the second written warning was given 2 months passed without anything said from my manager or supervisor about me not improving then all of a sudden wham called into HR at the beginning of my shift. And then I was sat down and told that even though I had made improvements it just wasn't enough. I have copies of all of my warnings, discharge statement, letters of excellence and my great performance review. I even asked the day that I was discharged if there was anything that I could do to change this, my interim manager (who is not even part of the company I worked for, they are outsourced because this company has a bad reputation of high turn over) said no the decision was made.
I'm also worried if the telephone interview will just be with me or if I will be on a conference call with the referee and my manager. And if so can my former manager intervene or question me directly?
I'm just really stressing about how I should word my response to everything especially about my prior warnings, seeing as it relates to my discharge for poor performance and that would disqualify me because I had prior notice even though I really did try my hardest to do my best at this job. The thing is I really did enjoy this job and really never intended to get fired. I loved my coworkers and thought I was making a difference and tried to improve upon the way things were done.
Management wanted me gone and found any reason to get me out even if the reasons were completely trivial. It's just the absolute worst feeling in the world when you have to go to work only to be "under the microscope" and micro managed everyday but you still have to keep a positive outlook and maintain a high level of performance.
Thank you Ariadne22 for the quick reply, I really do appreciate it!
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Old 08-25-2013, 09:45 PM
 
Location: The Cupboard Under the Stairs
217 posts, read 485,591 times
Reputation: 222
Quote:
Originally Posted by Babyrex96 View Post
I have a question about unemployment eligibility for Illinois. I have a telephone interview with IDES in a few days. In the letter it stated that a question about my reason for discharged was raised, then it stated "misconduct" under 602A. When I filled out the online application for unemployment I put that I was discharged, because I didn't voluntarily quit or had been laid off.
My question is how do I handle answering the questions about my reason for being discharged.
The reason for being discharged was do to poor performance and not misconduct, the only thing I'm having trouble with is that I've looked at Illinois definition of misconduct and it says that if you've been previously warned or informed of the issue then you could be discharged for misconduct.
I had gone though 2 written warnings for poor performance. Both of these warnings had taken place with only 5 working days between them and I had no direction on how to improve my performance let alone time to turn it around. Between the second written warning and my discharge was almost two months. They had said that I did improve but not enough for them to try and make this work. I really tried to do everything I could to keep my job and help the team as well as try to take on projects to help out my department.
This is a big hospital and they could have offered to transfer me to another department but my interim manager seemed to just want me out even though I had received an increase in pay and an very good to excellent performance review.
Please any help with what I should say or if because of the 2 written warnings, my chances of getting unemployment should just stop now.
I have looked over everything on this website and the Internet. I just need direction on how to handle this phone interview or if you think my chances of getting UI this not even possible.
I have bolded, etc. the key point in your statement about the warnings and the discharge. This is key...there was a 2 month gap in between the write up and the discharge. They said you were doing better. THIS WILL PROVE THAT YOU WERE TRYING TO KEEP YOUR JOB AND THAT YOU WERE DOING THE BEST YOU CAN. Stress the ever living heck out of the fact that they told you that you were doing better. I was fired for a similar reason (long story that is still pending in litigation) and even though I was written up (that is actually litigation as the write up was in violation of a protected class protection, but not the point), in the termination I was told that I was showing improvement, just not enough to meet standards. I was approved at the initial interview because I was able to show and I stressed that I was doing my very best, I wanted to keep my job, and that when I was told about things I needed to change, I did my best...and the evidence of that is that I kept the job and showed improvement.

My advice, keep stressing this, that you did your best, that you wanted to keep your job and that the company acknowledged your improvement until such a point as the INTERVIEWER makes a comment about the fact that you clearly wanted to keep your job, or says something like "I am surprised they let you go if you were trying this hard" Something to that effect.

Also, ask them how they are doing and thank them for taking the time to call. Yes, it is their job, but treating them well instead of treating the UI person as slime keeping you from your money goes a LONG way to having a very pleasant phone call with the rep.
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Old 08-25-2013, 09:59 PM
 
Location: The Cupboard Under the Stairs
217 posts, read 485,591 times
Reputation: 222
Ok, piece by piece, here you go....

Quote:
Originally Posted by Babyrex96 View Post
I hate to be going over this again and again but I want to be sure that I'm not disqualified for benefits because I had received prior warnings about my poor performance.
I was going to say that I was discharged due to poor performance.

Say you were discharged for the EXACT REASON WRITTEN ON THE DISCHARGE PAPERWORK. To the word, this way, if there is a discrepancy and there is an appeal, you will win points in this area for stating the exact truth.


If they ask what happened prior to the discharge I was going to say that I'm not really sure because I tried by best and did my job to the best of my ability.

Nope. If they ask what was the event immediately prior to the discharge, unless there was a giant error that your boss called you out on in front of witnesses, you tell them there was no incident immediately prior to discharge. This is likely true, as it is rare that an employee makes an error and is fired 6 seconds later.


The only thing I'm not sure how to answer is if I received any prior warnings about my poor performance.
What should I say, yes I received two warnings or should I say yes I received a warning but afterwards I tried my best to improve my work performance and that I believed that I was doing well until the day that I was discharged.

Close. You say you received 2, 5 days apart. That you listened and heard what was said in the warnings and that you tried your very best to improve. Stress the heck out of the fact that the employer said you were improving. Doesn't matter that you were not improved enough...they STATED you were improving. Misconduct is INTENT BASED, if you were doing a better job, hard to prove that you were intentionally doing a bad one.

I just think that from everything that I've read that I should incriminate myself and say as little as possible.

Don;t say too much, just keep mentioning, as Ariadne22 said, that you wanted to keep the job, were doing the nest you could, and that the company even said you were improving.

The only worry I have is the fact that the 2 written warnings were so close to each which I guess work that it could be deliberate. But like I said after the second written warning was given 2 months passed without anything said from my manager or supervisor about me not improving then all of a sudden wham called into HR at the beginning of my shift.

This shows that you thought you were improving and shows that you tried to keep the job.

And then I was sat down and told that even though I had made improvements it just wasn't enough.

Right there, they negated the misconduct without you having to do or say anything. Stress the heck out of this.

I have copies of all of my warnings, discharge statement,

Good. The reason given on this is the reason you tell UI you were terminated.

letters of excellence and my great performance review.

I would definitely mention the review.

I even asked the day that I was discharged if there was anything that I could do to change this, my interim manager (who is not even part of the company I worked for, they are outsourced because this company has a bad reputation of high turn over) said no the decision was made.
I'm also worried if the telephone interview will just be with me or if I will be on a conference call with the referee and my manager. And if so can my former manager intervene or question me directly?

Not at this point, at least not usually.


I'm just really stressing about how I should word my response to everything especially about my prior warnings, seeing as it relates to my discharge for poor performance and that would disqualify me because I had prior notice even though I really did try my hardest to do my best at this job. The thing is I really did enjoy this job and really never intended to get fired.

Mention this. I would change it to wanted to keep the job instead of intend to get fired. But the meaning is there.

I loved my coworkers and thought I was making a difference and tried to improve upon the way things were done.
Management wanted me gone and found any reason to get me out even if the reasons were completely trivial. It's just the absolute worst feeling in the world when you have to go to work only to be "under the microscope" and micro managed everyday but you still have to keep a positive outlook and maintain a high level of performance.
Thank you Ariadne22 for the quick reply, I really do appreciate it!
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Old 08-25-2013, 10:33 PM
 
14,508 posts, read 28,044,531 times
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Not to discount anything that was said previously, poor performance and warnings, don't really go together. However, the UI questionnaires have it on there so that they can do a "rules violation" analysis which in your case doesn't apply, but there have been a poster or two that had their poor performance adjudicated as a rules violation, and won on appeal.

The extreme example of poor performance would be if I were to land a job through my magnetic personality as a brain surgeon inspite of the fact that I have zero medical training. Because of me having a 100% mortality rate on the operating table, I began receiving warnings that I was going to have to start doing better.

Hopefully, you get that no matter how many warnings I got, I'm not going to do any better unless the employer wants to cough up what it takes for me to get a medical degree. The UI people treat my poor performance as inability. It becomes the employer's fault because they should have never hired me in the first place.

Don't overthink this.
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Old 08-26-2013, 02:00 PM
 
9 posts, read 104,728 times
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Thanks to everyone that replied. I will take what was said to heart and hopefully have no problems. The telephone interview is this coming Friday in the morning. I will post to let everyone who helped me know what happened. Again thank you for taking time out if your day to help me out!
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Old 08-29-2013, 05:23 PM
 
9 posts, read 104,728 times
Reputation: 17
Smile Any Last Minute Tips?

My telephone interview for unemployment eligibility is tomorrow morning. I wanted to ask if anyone else has any last minute tips or advice for me? I have written everything down so that I have it in front of me when they call and also if for some reason I get flustered and want to start rambling. But please if anyone has any more words of wisdom or any other ideas besides what has already been written, I would greatly appreciate it. I am still nervous and I'm sure that my heart will be racing when the phone rings tomorrow. But I think now that I have all the wonderful advice that was given to me here and my research online that has helped me calm down a little bit. But I welcome anyone else's comments, advice, tips, warnings and prayers or good thoughts if you have any. Again, a big thank you to all that commented. Your advice was greatly appreciated!!!!
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Old 08-30-2013, 10:46 AM
 
9 posts, read 104,728 times
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Default All of 6 minutes!

Well I just had my telephone interview for eligibility for unemployment. The whole thing took 6 MINUTES!
He basically asked my rate if pay, what times/days I worked, the date of my discharge, who said that I was discharged, what was the reason for discharge: I said exactly what was on the paper, performance issue. I had also said that I did my job to the best of my ability and really wanted to keep my job. That my employer said I improved but just not enough I keep my job. Then he went on to ask me if I had received any prior warnings: I said that I had a warning given to me on June 10 and that there was almost 2 months between that warning and my discharge. He wanted to know why it was given I said that it was a performance issue and he kept pressing asking what had happened, I had said that the only thing was that I had to improve my performance and that I did improve but not enough for my employer to keep me. The only question I think I might have screwed up on is when he ask if I that I could be discharged. I have him the answer that I know I could be discharged at any time for any reason but he kept at it saying did they tell you "you could be fired for your performance issues" the only thing is that on my second written warning it states that if I don't improve my poor performance that it will result in termination. So when he pressed me on this I just said that I don't know and that all I could do is improve my performance, which I tried and that my manager even said that I had showed improvement but it wasn't enough. I'm just worried that saying what I said will be looked at like I didn't tell that it was in fact stated but I didn't want to say that yes it was written down on the second warning. I was thinking that if I said that it would have been too much information and I would definitely be denied. I don't know it went by so fast, like I said the whole thing took only 6 minutes and that was with chit chat and asking him how he was doing.
At the end he said that my former employer hasn't contested anything and that now he will be contacting them to see what they say and if what they say is pretty much that same thing that I would then get my decision. I hopefully won this round and that my employer doesn't say anything completely different then what I said. I really can't handle having to go though an appeal but if I have to I will. I tried to keep my answers short and to the point and tried to not "give away" the whole story.
Any thoughts on if what I said was ok or if I shot myself in foot. I felt like it went so fast that I didn't have time to really think about my answers.
Please any thoughts would be helpful.
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Old 09-08-2013, 01:47 PM
 
9 posts, read 104,728 times
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Default Still haven't received a decision yet!

Any ideas as to why I haven't received a decision for unemployment benefits?
Had my IDES telephone eligibility telephone interview Friday, August 30.
The adjudicator said during the interview that he needed to speak with my employer to see if what I had said pretty much matches what my ex-employer says.
I didn't think it would take this long, I'm getting really nervous that its not going to be approved.
Does anyone know if what I'm thinking (the longer I'm waiting the worse my chances) is correct? Is Illinois really that back logged? Or I'm I most likely going to be denied and I now will have to appeal?
Any thoughts on this?
I applied on Wednesday, July 31
Had my IDES telephone eligibility interview on Friday, August 30
Still haven't received any letter of determination
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