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DH got "fired" from job this Friday. Been there for 2.5 yrs, working for a non-profit, a techie, put in 80+ hrs for the last two weeks, his team lead was very rude and unprofessional. He spoke with his manager a couple of times, was told not to worry about it. Got his review Wed about how good a job he was doing. Friday, was called in by director and told was being let go because of performance and team fit. DH was in shock, walked out. Interestingly, his mgr met him that evening so that he could collect his stuff, and made a comment about how unfair this was on all levels.
My questions are - he has filed for unemployment...but can he be denied unemployment? We are in a "right to work" state, which means employers can let go of their employees without any warning. However, there were NO performance issues. He was not put on any warning or anything. The team lead is basically the person without which all technical stuff would come to a stop, and when he does not like someone, that someone is let go ( the person before my DH was let go as well because he threatened the TL).
Also, our builder had paid for unemployment insurance for us. To get it, we need to get a letter from his old job giving reason for termination. I am curious to see what they would list. Can they list "performance and Team fit"?. And, if they list "performance" can we ask for proof about his performance? Because, we KNOW that they cannot show it.
Thanks for your answers. A difficult time, as I know, many of you are aware of how it feels.
B
Yea I know what your saying, When I was laid-off I was given a Termination letter but there were no reasons given. I was told it wasn't because of my performance. I know it was because of the economy so not sure what will happen when the company stated a reason for the termination. It kind of sounds like they will fight it. But if there was no real proof I would think you would win an appeal if it came to that.
DH got "fired" from job this Friday. Been there for 2.5 yrs, working for a non-profit, a techie, put in 80+ hrs for the last two weeks, his team lead was very rude and unprofessional. He spoke with his manager a couple of times, was told not to worry about it. Got his review Wed about how good a job he was doing. Friday, was called in by director and told was being let go because of performance and team fit. DH was in shock, walked out. Interestingly, his mgr met him that evening so that he could collect his stuff, and made a comment about how unfair this was on all levels.
My questions are - he has filed for unemployment...but can he be denied unemployment? We are in a "right to work" state, which means employers can let go of their employees without any warning. However, there were NO performance issues. He was not put on any warning or anything. The team lead is basically the person without which all technical stuff would come to a stop, and when he does not like someone, that someone is let go ( the person before my DH was let go as well because he threatened the TL). Also, our builder had paid for unemployment insurance for us. To get it, we need to get a letter from his old job giving reason for termination. I am curious to see what they would list. Can they list "performance and Team fit"?. And, if they list "performance" can we ask for proof about his performance? Because, we KNOW that they cannot show it.
Thanks for your answers. A difficult time, as I know, many of you are aware of how it feels.
B
You have a couple of issues here:
(1) A "right to work" state means that the state has laws that prevent an employer from making an agreement with trade unions that would make membership in a union -- or the payment of dues to the union -- a requirement for employment. I don't see any mention of unions being an issue in the case you describe.
(2) Are you referring to "employment at will"? That would mean either the employer or the employee can end employment at any time for any reason, unless restricted by a contract.
(3) If you do mean employment at will, then the company is not required to give your husband any reason for termination -- nor are they required to give any performance warning, etc.
(4) Whether or not he is determined to be eligible for unemployment benefits will depend on what the company reports to UI as the reasons for his termination. If the ex-employer says he was terminated for misconduct or gross misconduct, he may be denied benefits. If he is denied benefits, he can appeal the determination.
(5) However, it is unclear why your "builder" and not your husband's former employer would be paying into Unemployment Insurance for you. When your husband applied for UI, whom did he list as his last employer -- the company for which he actually worked or the builder?
If your builder has not actually been your husband's employer this could create some difficulty with UI -- as it will be your builder who will be informed of your husband's application for UI and who will be assessed for the UI.
I understand that non-profits have special exemptions from paying UI, & religious ones do not have to pay at all. [so if you are laid off from one, unless they have decided to pay in on moral grounds, you are s-o-l]. I believe, but could be wrong,the law states that you can use a prior employer if they were within the past 5 years. Is this who your 'builder' was?
Apply on-line and see what happens. It sounds cavalier, but you will see if an attorney might be neccessary to take your case. Sounds like your immediate supervisor lacks the empowerment to rid the department of some of the scumbags you dealt with. They will all be gone in time and you'll sit and wonder "whatwas that all about"? Anyway, good luck. As you navigate the State unemployment be prepared for a nightmare trying to speak with anyone on the phone as they often assign a standard number for tens of thousands to call, but just rarely answer. Find a back line and e-mail. Appeal if turned down. Apply immediately!
Well for the unemployment claim, the reason for discharge would have to be something within the worker's control, and team structure is not something that was within your husband's control, so there shouldn't be an issue getting benefits. Team fit/personality differences are not all that uncommon in the world of unemployment claims that they will be surprised to hear this as a reason. And that's even if they bother to appeal the award of benefits, which few employers would do in a situation like this. Its too gray of an area to make it worth the effort.
If your husband is determined eligible for unemployment he will receive a letter from the UE office stating that. And you can use that for your homebuilder's insurance.
State laws govern what documentation the employer is required to give or give your husband access to. Some states allow workers access to anything in their personnel file at any time they request. Others allow access only in the event of an unemployment claim dispute. Other states offer no rights to the worker at all. So it entirely depends on what state you live in. If your husband is returning to pick up his things, it might be easier just to ask for copies of his performance evals at that time. Or ask if he can forward or print some personal emails from his work account, and send those emails about his good work to his home email account.
The builder topic - let me clarify ( I re-read my post, and it is confusing, so I apologize) - we just bought a new house about 7 months ago, and part of the incentives the builder gave was sign new owners up for unemployment insurance due to unemployment. I read the paperwork, and it basically says that the company will pay up to 18 months if one of the owners become involuntarily unemployed. To clarify, the builder has nothing to do with the employer.
I meant "employment at will". Thanks for helping me me understand the difference.
B
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But if there was no real proof I would think you would win an appeal if it came to that.
Qualify for unemployment benefits?
