Employer denying me unemployment

[Cooltropic]

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

Hi Guys, 18 months ago I was hired to help grow the commercial sales business at one of many branches the company I wored for has in my area, the group manager who hired me understood it would take some time given the fact that they never had this type of business at the branch, I came on board was was able to bring a few contractors I had done business with previously and I began to quote project with them along with writing everyday business.
7 months ago my group manager passed away and a new one was brought in from out of state, I met this guy all of 30 seconds so I really didn't get to know him nor he concerning what we where doing in the branch, each branch has a branch manager so this was who I was in daily contact with and who was also working with me on projects/quotations.

Three weeks ago the branch manager tells me that he was told to let me go based on low sales and that the branch wasn't making any money, which was basically the case when I got there, so I'm out and I file for unemployment, after a couple weeks I call the commision to find out when I would begin to recieve benefits only to be told that the company states that I was fired for lack of sales and that there would be a hearing in a couple weeks time, I also was told by the branch manager who I happened to have a pretty good relationship with that this company never wants to cover this benefit for any employee, I was never told by anyone that my sales were an issue and out of 23 sales rep in our group I was always smack dab in the middle based on monthly sales reports so I'm completly baffed here, any advice would be appreciated.

 

[sandyclaus]

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

Hi Guys, 18 months ago I was hired to help grow the commercial sales business at one of many branches the company I wored for has in my area, the group manager who hired me understood it would take some time given the fact that they never had this type of business at the branch, I came on board was was able to bring a few contractors I had done business with previously and I began to quote project with them along with writing everyday business.
7 months ago my group manager passed away and a new one was brought in from out of state, I met this guy all of 30 seconds so I really didn't get to know him nor he concerning what we where doing in the branch, each branch has a branch manager so this was who I was in daily contact with and who was also working with me on projects/quotations.

Three weeks ago the branch manager tells me that he was told to let me go based on low sales and that the branch wasn't making any money, which was basically the case when I got there, so I'm out and I file for unemployment, after a couple weeks I call the commision to find out when I would begin to recieve benefits only to be told that the company states that I was fired for lack of sales and that there would be a hearing in a couple weeks time, I also was told by the branch manager who I happened to have a pretty good relationship with that this company never wants to cover this benefit for any employee, I was never told by anyone that my sales were an issue and out of 23 sales rep in our group I was always smack dab in the middle based on monthly sales reports so I'm completly baffed here, any advice would be appreciated.

The employer doesn't make the decision as to whether or not you are granted unemployment benefits. The commission does.

If you disagree with the commission's decision, then appeal it. Be prepared with evidence that the employer misrepresented the facts.

 

[swalsh411]

Either side has the right to appeal the initial determination for any reason. It could be completely silly like "employee was fired for having a Justin Bieber bumper sticker on his car"; there would still be an appeal hearing. No determination on the merits of their claim have been made; all you have been told is the reason they are appealing. (which is their right).

Unless you are leaving something out, it seems open and shut that you will win. Poor sales performance is not misconduct. At the appeals hearing, simply state that you did your job to the best of your abilities and did not want your employment to be terminated. Even if you were the worst salesperson in the company, they would have to prove you knowingly and deliberatly blew off the job and didn’t even try in order to get you disqualified on the basis of misconduct.