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If a person is hired for a job, and proves they are not capable of doing that job, the company has two choices.
1: Fire them. This is the normal and most used path.
2: Demote them. The employer sees the persons skill level is at a lower pay rate job, and offers to keep them employed at the other lower level, and lower paid job. There is absolutely nothing wrong with that. In fact that is being compassionate, offering them a job that is more in line with their ability, experience, and in some cases in line with their intelligence. In most cases, they got offered the better and higher position, as the employee convinced them to take a chance on him/her. When the company discovers the level of employment the employee is capable of handling, they are offered a job in their capability range.
I have seen personally, that in a matter of days the employer promotes the employee to a higher position as they find the person will better serve the company in another position with higher pay.
When a new employee starts, they usually have a probationary period, where they can be let go without cause. A lot of people today oversell their ability, and the company will hire them for a position they are not really capable of performing the duties. The company can only choose one of two paths. 1: Keep them employed and try to get them to where they can handle the job over a period of time. 2: Keep them employed, but a a lower level job than they were hired for that they are capable of handling with a salary in relation to their new lower level job.
Employers usually only give out the job titles plus the job start and end dates of their former employees and nothing more to avoid lawsuits. Thus, it may be challenging for companies to find out more information such as an employee's performance and reason for leaving.
That’s been my experience at various companies. They use third party verification also which provides only basic info. If you want pay information the ex-employee needs to specifically authorize it.
You would still get unemployment if you are fired for performance.
How naive. Have you ever actually collected on unemployment? First, many employers challenge it no matter what, putting a burden on you to prevail in a hearing, and even if you do it has been tied up for weeks. Second, it's only a fraction of your pay and there is a pretty low cap.
As someone else alluded to, saying you'd rather get fired than demoted is your ego talking. Maybe you live with your parents and are talking about a McJob for gas money but anyone that actually needs to pay the bills and support a household would be a fool to put pride before paycheck.
As another stated, take the demotion and collect the paycheck while looking for another job. Good ones are not that easy to find for many people.
This guy at my job was not working out in one department and has been demoted and sitting in a new location so he can be trained on another position. I personally would have preferred to be let go instead of coming to work everyday and having everyone seeing me in a new location due to my demoted status. That would be very embarrassing and I would rather get UC and find a new job.
Would you prefer to be fired or demoted?
If the demoted position still paid more than what would be made elsewhere, is it better to stay there or make less elsewhere, would seen to be the question. I don't want to make a decision for someone else.
First, many employers challenge it no matter what, putting a burden on you to prevail in a hearing, and even if you do it has been tied up for weeks.
If you are fired, the burden is on the employer. There is an entire (and very informative) CD forum dedicated to unemployment issues. You should check it out.
If you are fired, the burden is on the employer. There is an entire (and very informative) CD forum dedicated to unemployment issues. You should check it out.
I know how it works, apparently you do not. You file a claim. A notice gets sent to employer. If employer challenges it, a hearing is set up where each party must present their side. Advantage usually goes to employer who has much experience in this and knows how to best present their case versus the employee who is likely winging it for the first time. Kinda like representing yourself in court against an attorney.
I know how it works, apparently you do not. You file a claim. A notice gets sent to employer. If employer challenges it, a hearing is set up where each party must present their side. Advantage usually goes to employer who has much experience in this and knows how to best present their case versus the employee who is likely winging it for the first time. Kinda like representing yourself in court against an attorney.
It depends. If you are fired for performance or you were fired for something that happened outside of work like being arrested, social media posting. An individual can still collect. An individual who was fired only gets unemployment for performance or off duty misconduct. But if anything happens on the job like insubordination, constant lateness and absenteeism, substance abuse, sexual harassment, or crime. These scenarios that happens on the job, most likely an employer will challenge employment and the employer will win. Also US is an at will state. One can be fired for anything. Employer does not like your attire, fired. Employer saw something one posted on Social Media during employee off hours, employer can that employee for such reason.
Any demotion or write-ups. Start looking for a new job. A demotion or write-ups are a sign of being fired.
It depends. If you are fired for performance or you were fired for something that happened outside of work like being arrested, social media posting. An individual can still collect. An individual who was fired only gets unemployment for performance or off duty misconduct. But if anything happens on the job like insubordination, constant lateness and absenteeism, substance abuse, sexual harassment, or crime. These scenarios that happens on the job, most likely an employer will challenge employment and the employer will win. Also US is an at will state. One can be fired for anything. Employer does not like your attire, fired. Employer saw something one posted on Social Media during employee off hours, employer can that employee for such reason.
The problem is "fired for performance" is subjective and guess what? People lie! What an ex employee tells the unemployment office and what the employer tells them are often completely different versions. There is no universal truth-o-meter. Any time a hearing board has to referee conflicting claims, they may or may not get it right.
My initial response was not about what is possible or theoretically probable in collecting unemployment but about what will actually happen. And that can be unpredicatable. You don't know if the employer will challenge or not. Some employers challenge valid claims while others don't challenge unworthy claims. Some employees collect on it when they didn't deserve to and others are denied when they deserved it.
Thus, the point in my response to the smug attitude of preferring to be fired than demoted because you can just collect unemployment is that it is a risky proposition and you don't know for sure if you're going to collect on it until you get there.
The other point is that even if you collect it, it may be a fraction of your previous earnings. The cap in Texas is about 50% up to $465 weekly so if you were previously making $1500/wk you are going to be in a financial bind.
We had a woman that worked her way up the ranks. Eventually she was over nursing. She was a VP and doing real well financially. She let that power go to her head. She was demoted and with that chip on her shoulder rebuilt her career.
She made it back to the top in another position then she would not let anyone forget that she was the only one ever to make it back to the top. Her pride got in the way and they eventually let her go.
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