Could This Affect Unemployment?

[JOliver]

What is the name of your state (only U.S. law)? Michigan

I've posted before and have found the information helpful. Here's my situation in the most "pointed" way to write it. My lawer hasn't returned my call so enough of that. Probably because we're a "right to work state."

I was written up in January for discounting a product.

In January I was written up for not attending a mandatory meeting. I had requested the weekend off prior to the meeting announcement being made. The company wrote me up for not attending a mandatory meeting.


In March I was written up because, according to the company when I called in a manual credit card authorization, I put the wrong approval code in to the Point of Sale system. I asked exactly what I did wrong, one digit off, or are they claiming I entered the wrong number in all together.

I was told that the information couldn't be given to me because there was no way to track it - sure, we're a billion dollar company.

That made three write-ups.

After the third write up I was offered two weeks pay to voluntarily quit. I was strongly urged to take it, however I turned it down and elected to stay with the company.

Three weeks ago I was suspended with pay for a week while the company investigated that I leaked "confidential and proprietary information." I denied it, because I didn't do it.

After the week of suspension with pay I was informed over the phone that my employment was being terminated "because of releasing proprietary information."

I filed an unemployment claim based on what I was told over the phone.

A week ago I received an e-mail from the employer stating that I was "separated for ongoing performance issues." I asked what I did wrong this time and never received an explenation. Fair enough.

I typed up a statement on both instances (the proprietary information that I was originally told I was termed for) and also the second reason given and faxed it to the unemployment office.

Based on what I wrote, is it likely that I will be denied unemployment?

 

[pattytx]

We would have no idea whether your appeal will be won or not.

BTW, google "right to work". Your situation has nothing to do with right to work. It's amazing how many people confuse "right to work" with "at will employment".

 

[Beth3]

Probably because we're a "right to work state." Right to work means you can't be forced to join a union in order to be employed. I expect you mean you're in an "at will" employment State.

Based on what I wrote, is it likely that I will be denied unemployment? Without knowing what evidence or proof your employer has that you leaked confidential information, it's impossible to say.

 

[JOliver]

Based on what I wrote, is it likely that I will be denied unemployment? Without knowing what evidence or proof your employer has that you leaked confidential information, it's impossible to say.

I'm assuming nothing solid since what I was originally told my reason for separation was the confidential information has been changed to 'ongoing performance issues."

I believe they will roll with that in trying to object to my claim. Which, was in writing via e-mail from the market manager.

I guess it can go either way if they cite "ongoing performance issues."

 

[commentator]

commentator

Good that they have officially fired you for performance issues. Because performance issues are spectacularly difficult for the employer to prove. There must be significant evidence that you were familiar with the job, were adequately trained at how to do the job, that you in the past had successfully done the job, and that you then at a later time, decided not to do the job. You should have been given warnings about your performance (warnings about other issues don't count) and have been given an opportunity to improve you performance before they terminated you.

What you need to say is that you performed the job to the best of your ability, that you were not aware that your performance was not acceptable and that you were not given the opportunity to demonstrate acceptable performance.

When someone is terminated, the unemployment office has the job of selecting one issue from a myriad of problems the employer may report about this particular employee. Referred to as the "shotgun termination" in other words, she was late, she couldn't do the job, she was on sick leave a lot, she was rude to our customers, we caught her pocketing company funds, she showed up drunk....." It's necessary to isolate a specific cause, and of all they could have used, performance issues is the one most likely to get you an approved claim, because all you have to say repeatedly is that you showed up and did your best. There's no misconduct involved.

 

[JOliver]

You should have been given warnings about your performance (warnings about other issues don't count) and have been given an opportunity to improve you performance before they terminated you.

Thank you. This is what I was curious about. If being written up for several different things over a period of time is likely to get you disqualified.

I was written up for something different each time. It got to the point that I literally said "What are you claiming I did wrong now?" before entering a conference call.

 

[CourtClerk]

There is absolutely nothing in the law that states that an employer must give an employee warnings.... nothing at all.

 

[Hot Topic]

The word "mandatory" means you must attend, even if it means interrupting your weekend.

You admit to entering the wrong approval code. That indicates a lack of attention to detail.

You were written up for discounting a product.

You elected to stay with the company, though you should have known that you were on the "s" list.

Looks like they have more than enough evidence to nail you on your performance (or lack of it).

 

[JOliver]

The word "mandatory" means you must attend, even if it means interrupting your weekend.

Not true - if the company allows those that have time off already scheduled, this company does not require those to attend.

You admit to entering the wrong approval code. That indicates a lack of attention to detail.

Where did you read me ADMIT to anything?

In March I was written up because, according to the company when I called in a manual credit card authorization, I put the wrong approval code in to the Point of Sale system.

You were written up for discounting a product.

I was actually given permission to do this as a "last ditch effort." The company said I didn't have to do it because it wasn't "last ditch." Whatever that means. It was the first write-up I've ever received. I didn't fight it because I didn't figure the company would nit-pick everything. No big deal though. Live and learn.

Thanks for your response.

 

[wholesalecd]

Unemployment

For performance issues you SHOULD qualify for EDD. Performance is subjective in the eyes of the beholder. If you were terminated for stealing or something illegal then that would be grounds for disqualification for EDD benefits. I was terminated last may for not following procedures for something I was never trained on. I have been getting unemployment since last June 08 with all the extensions.


Frank

 

[wholesalecd]

Smart move

It was smart of you not to fall for their trick. The trick being offered to quit and take a week off with pay. They only wanted to do this so they wouldn't have to pay unemployment. UI comes out of their insurance funds unless it's extended benefits. That would be federal.

Frank

 

[wholesalecd]

Still qualifies

He would still qualify for EDD benefits either way.

Frank

There is absolutely nothing in the law that states that an employer must give an employee warnings.... nothing at all.

 

[wholesalecd]

And what's your point????

All this has already been stated.

Frank

The word "mandatory" means you must attend, even if it means interrupting your weekend.

You admit to entering the wrong approval code. That indicates a lack of attention to detail.

You were written up for discounting a product.

You elected to stay with the company, though you should have known that you were on the "s" list.

Looks like they have more than enough evidence to nail you on your performance (or lack of it).

 

[JOliver]

For those that may use this for future reference, the decision came from Michigans Unemployment Agency and I've been approved benefits. The exact wording is as follows:

"You were discharged from ******** on ******* for a violation of company policy. Although you had received past warnings, the employer has not provided sufficient documentation to establish misconduct.

It is found that you were not fired from a deliberate disregard of your employers interest. You are not disqualifed for benefits under MES ACT, SEC 29 (1)(B)."

 

[ecmst12]

Glad to hear it, good luck with your job search!