Got fired started a new job got terminated for performance issues

[Bailey005]

What is the name of your state (only U.S. law)? ME, got terminated, got new job in sales and then told I was not a good fit for the job can I still get unemployment even though I worked for the new job only a week, Thanks

 

[Antigone*]

What is the name of your state (only U.S. law)? ME, got terminated, got new job in sales and then told I was not a good fit for the job can I still get unemployment even though I worked for the new job only a week, Thanks

You should always apply.

 

[swalsh411]

What other employment did you have prior to this? As long as you have sufficient wages in the look back period you will be financially qualified.

 

[commentator]

Definitely file it. What will happen is that you will be monetarily determined...as swalsh says, you must have sufficient covered wages in the base period, the last eighteen months roughly, to set up a claim.

The week's worth of work you did with the last place will be considered, but it will pretty much be "no fault" as far as if you say you showed up and did your best, and the employer determined you were "not a good fit" that wasn't a disqualifying reason to be let go.

But then they'll drop back onto the issue of why you were terminated from the next to last place. How long you worked there is definitely an issue, as your wages to set up the claim will be from this place, probably, and if they can show that they had a valid misconduct reason to terminate you (such as pointing out on their absence or tardiness policy, or violation of a company policy with progressive discipline) some kind of genuine misconduct, then you would probably be denied benefits based on this termination.

If they can't show this, then you probably will be approved for benefits. It's a toss up, and we really don't have enough information to make even a guess.

If you are denied, of course you will have the option to appeal the decision.
But you have absolutely no reason not to file for unemployment and see what happens.

 

[Bailey005]

Thanks

I have read your posts on here for years and always respected your absolutely dead on responses....thanks for your help......previous employer over a year, but uncertain how they will respond, private matter, but wish me luck, makes sense that they consider the time period covered.....thanks again for your time

 

[swalsh411]

Your prior employer has no say in the matter. Assuming they have been filing quarterly reports then they wouldn't even know you applied for unemployment.

 

[cbg]

Um...yes they will, since every employer in the base period is notified that a claim has been filed. They may or may not have input into the decision but they are notified.

 

[swalsh411]

You are right I forgot about that notification.

 

[commentator]

In this particular situation, since the person worked only one tiny week for the new employer, he probably didn't meet the earnings requirement for them to be considered the separating employer. In this case, I would suspect that there are going to be separation issue questions asked of the prior employer.

There is a usually a stipulation about how much you need to have made at the new job before it can be considered your separating employer for approval purposes, so that you can't get fired from your job, go work a week at your Uncle Bill's lawn service and then get laid off and draw benefits happily.

But even if he had worked enough at the new job to meet the requirements to have it counted as the separating employer, the other base period employer would be notified. In most states, ME being one of them, they have the option of requesting that their account not be charged for the person's unemployment if they can show that they had a valid misconduct reason to terminate, such that the employee would not have been approved for benefits if they had filed directly after being discharged.

 

[Bailey005]

had interview this am

Had the "fact finding" interview this am, person talked about contacting last employer and not one before, said qualifing wages would be attributed to general funds, not 2nd last employer, sounded positive, anyway, I got a new job, start Monday, it don't pay a lot, but it's a job....Thanks for all the input, you guys really do provide the best legal advice will always turn to you for your knowledge,

 

[George1776]

Had the "fact finding" interview this am, person talked about contacting last employer and not one before, said qualifing wages would be attributed to general funds, not 2nd last employer, sounded positive, anyway, I got a new job, start Monday, it don't pay a lot, but it's a job....Thanks for all the input, you guys really do provide the best legal advice will always turn to you for your knowledge,

Congrats on your new job .. seems you get them better than you hold them though ... lol ... good luck

 

[Bailey005]

Another Request from the State

Got another request and another phone interview for separation from last employment,,,,jeez this takes way too long, but will hang in there, but no request about separation from previous employer, phew......

 

[Bailey005]

No news so far

but being a little impatient and frustated, I emailed governer Lapage and about this and actually got a response the next day, kind of scary, I replied seeing nice to see positive response from his office, they clarified the response policy which is understadable, but yikes to email a governer's office and actual get a response??? I have posted to other goverment officials before but never got a response, kinda scary, but kuddos to Governer LaPage

 

[Bailey005]

I did get approved for unemployment, got two weeks worth, still back at work, Maine has a general fund that they charge previous employers qualified work weeks from.....still went for general assistance from the town, whom I called a month ago for help, they said if I got approved for unemployment they would help me, call after approved for unemployment and they told me I exceed unemployment earnings to approve for general assistance....figures...