Unemployment compensation

[KDMelissa]

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

Here's some background followed by my question...
I went to work as a general employee in a factory and I told I would move into a quality department when finishing school, which I was. Due to lack of work, I was demoted to a production area where I couldn't produce daily quotas, One day I did, but was written up for bad quality, so I slowed back down to make good parts. I have never been late, missed just one day of work (snow emergency), and have been written up just once in 2 1/2 years. They are obviously trying to get me (and other people) to quit, but I won't. Should I be eligible for unemployment if they fire me for lack of production and 1 write up? Do I have a case here? What do I need to keep track of, such as notes for a hearing? I have a feeling they will contest my claim.

Thanks

 

[pattytx]

They are obviously trying to get me (and other people) to quit, but I won't. Should I be eligible for unemployment if they fire me for lack of production and 1 write up? Thanks

Good for you for not quitting. Don't let them force you to do that. Generally speaking, failure to meet work standards, such as productions quotas, is not a disqualifying reason for benefits, unless the employer can show that you could have met the standards, but intentionally chose not to.

 

[commentator]

Right you are, pattytx! Never quit a job in a situation like this. Because if you quit, then you have chosen to quit, and this will probably keep you from drawing unemployment.

If you are working production, and you are doing the best you can, and you are not able to do the work up to their standand, and they fire you for it, you file for your unemployment and say that you were doing the job to the best of your ability. They cannot fire you and keep you from drawing if you are just slow by nature. Or there is a situation where you are asked to "spin straw into gold" in other words do more than you reasonably can do.

So if they badger you, threaten you, yell at you or even write you up for not being fast enough, smile at them, and sweetly insist that you are doing the best you can do. Do not fall into the trap of thinking that it would be a terrible thing if your employer is not pleased with you. This is their choice. Whatever you do, don't let them say, "Wouldn't you rather quit, so it will look better on your record than having us fire you?"

Yes, by the way, always keep a record of any conversation you have with your supervisor about your work, your performance, etc. As soon as possible after it occurs, write down the date and what was said to the best of your recall. If you are given a write up, ask for a copy of it, if it seems wrong or you would be admitting something you do not feel is true, (I stole something, I falsified my production sheet, I was asleep on the line) do not sign it.

Drawing unemployment against them will cost them a bit, eventually, they'd much prefer you'd just quit and go away quietly. But if you show up and do the job as best you can, then if they terminate you for this, they cannot keep you from drawing your unemployment.

 

[pattytx]

Picking a nit, perhaps, but not signing a write-up could be considered insubordination, which MIGHT disqualify you from UI benefits. Signing does not mean you agree with the contents (unless the form specifically states it does), it just means that you have been informed on the employer's opinion on the subject. You can certainly sign it with an "I do not agree" or "with explanation" disclaimer.

 

[KDMelissa]

Thank you very much for the feedback!!