Do I have a case

[longlostfox]

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

Today, I was terminated at my job for according to my boss was that While I had improved and after speaking with the tier supervisor my skill set was not what they were looking for. The felt my progression was not good enough and they were terminating my employment. Now I did have a clause in my offer letter saying "My employment could be terminated at anytime without notice". However I was never told I had a problem, or pulled into the office by a supervisor or manager in an effort to correct an issue if there was one. I was never told I was violating a specific company policy. Also after going through my offer letter again my status was set to temporary and not permenant at will employee. The letter I got for termination was just a statement saying that my employment was terminated immediately. The date on the letter was exactly one month ago as of this post. The letter does not provide any reason for my termination.

Thanks for the advice in advance.

 

[Antigone*]

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

Today, I was terminated at my job for according to my boss was that While I had improved and after speaking with the tier supervisor my skill set was not what they were looking for. The felt my progression was not good enough and they were terminating my employment. Now I did have a clause in my offer letter saying "My employment could be terminated at anytime without notice". However I was never told I had a problem, or pulled into the office by a supervisor or manager in an effort to correct an issue if there was one. I was never told I was violating a specific company policy. Also after going through my offer letter again my status was set to temporary and not permenant at will employee. The letter I got for termination was just a statement saying that my employment was terminated immediately. The date on the letter was exactly one month ago as of this post. The letter does not provide any reason for my termination.

Thanks for the advice in advance.

Although unfortunate your termination was perfectly legal. I might suggest brushing up your resume and definitely filing to UI benefits.

 

[longlostfox]

I asked if I got benefits and they said no because I was on probation

 

[pattytx]

Being on "probation" has nothing to do with UI benefits (unless you were in Montana, and you aren't).

File for unemployment. If you have the required credit weeks and earnings in the base period, you should be eligible.

 

[longlostfox]

UI Benefits are unemployment benefits correct

 

[pattytx]

That is correct.

 

[longlostfox]

Ok, I did ask the managers if I was eligable for unemployment and they did say no because I was still not a permanent full time at will employee I did work full time but I had not reached the end of my 180 probation. Sorry if thats confusing My work was in WV and I live in MD

 

[pattytx]

They're either ignorant or trying to scare you off. File immediately. You will have to file in WV.

 

[longlostfox]

Thank you very much for the help.

I do have another question. My offer letter stated " you will be eligible for company benefits after 90 days or when your status changes from temporary to permanent at-will employee whichever occurs first. I have been working there since August 31st of last year 90 days would have been December 1st minus four days I missed being sick. I had asked if I was able to receive the benefits and they said no because my 180 day probationary period was not over. Is that correct and if not what can I do since I was terminated today

 

[cbg]

If you have to work 90 days and you didn't work 90 days, then that's the ball game. Sorry.

 

[longlostfox]

If you have to work 90 days and you didn't work 90 days, then that's the ball game. Sorry.

Technically even though I missed those days I was able to make them up and I should if my calculations were correct I should have received benefits this past Monday.

 

[cbg]

If they knew on Monday that you were going to be termed today, there would be no point to providing you with any benefits.

That's going to be a non-starter, sorry.

 

[eerelations]

OK if you became entitled to benefits somehow (emphahsis on the somehow) all that means is they have to send COBRA papers to you and if you sign up, you are responsible for paying the entire cost of those benefits. Is that what you want?

 

[commentator]

You should never seek information about unemployment benefits from your employer, because it's not to their advantage for you to be eligible and to draw. So of course they're going to be very discouraging.

If you took the job in good faith that it was to be a permanent, full time position, did your best, and yet were not removed from probationary status, instead they decided to let you go, supposedly because of job performance issues, you still are going to be eligible for benefits. They will probably protest, but they will not win if you did your best, were given no indication your job was in danger, and had no opportunity to do anything different to save the job.

The employer simply may have decided they couldn't afford another employee right at this time, and so are letting you go with the handy dandy performance/probationary issue. If you cannot be shown to have commited some misconduct, (if you did your best on the job, yet still were not retained, that is not considered misconduct) you will probably be approved for unemployment. The employer does not get to say whether you draw or not.

But go on and file. You may file your claim in the state you live in, whichever state or location is most convenient for you. Also, the wages that will be used to set up your claim will come from the places you have worked previously in the past 18 months to two years. This may be mostly in MD, though this new employer is in WVA. Doesn't matter. Where you file is more to do with where you want to do your worksearches, report for check-ups.

 

[pattytx]

I was basing my advice about where to file on my personal experience. When I moved from MD to PA and became unemployed, I had to file in MD because I had no wages in PA in the base period.

I was just assuming WV would tell the poster the same.