UNemployment Compensation Question

[ddayjoe44]

My wife, a sales rep, has been with her company for over ten years. She has had accounts "pulled" from her for a variety of reasons and is ready to quit her job. I asked NOT to quit, but rather "not work so hard." I figure that sooner or later, they'll fire her for "lack of performance." Could her company consider lack of performance, an act of insubordination?

If she IS fired for lack of performance, is she still entitled to unemployment compensation under California law?

Thanks in advance for the advise!

Mike W.-

 

[mary hartman]

MIKE RULE #1

NEVER NEVER NEVER NEVER NEVER NEVER NEVER NEVER

QUIT A JOB........


Unless you are sexually harassed or threatened.

You will lose at least 8 weeks of unemploymnet and may be disqualified even longer.

I have escorted out by armed guards and have collected unemployment.

Well the company would have to leave a paper trail, in order to prove lack of performance. No paper trail no warning , no chance to fix the problem, then you are entitled to unemployment, but the company will of course fight it.

Rememebr anything you say in an unemployment hearing IS privledged communication and neither side can sue each other.

So if it gets nasty say her boss wanted to have sex with her, and she refused so he fired her anything like that, they cant do anything based on what is said at the hearing.

I once claimed my supervisor was a lesbian and she was known to hire lesbians/gays and i was the only one in this dept that was not gay, so unemployment didnt want to touch that one and recieved my checks in 4 days!

[Edited by mary hartman on 05-05-2001 at 08:39 AM]

 

[ddayjoe44]

I'll clarify the question...

We understand that quitting is NOT a good idea. My wife HAS NOT been harassed on her job. She HAD been through the mill of having one account after another pulled from her and she's throwing her hands up and is ready to give up.

She doesn't want a "slow death" while still on the job. So, going back to my original question;

Can she collect unemployment, in the state of California, if the company thinks she's "given up", quit while on active duty, just flat not doing what they want her to do, or WHATEVER you want to call it. AND, knowing that insubordination can be grounds for NOT collecting unemployment in Clifornia, could the above mentioned be seen as insubordination by a California Labor Board?

Thanks again!

Mike W.-

 

[dj1]

Mike:

The safest way is for them to fire her, but with no paper trail, she can claim it was lack of work, not insubordination.

Just go to work do what they say, and collect a check each week, bring a little radio or walkman, and enjoy the lack of work.

DO NOT use the computer for internet use, download all personal information emails,files adresses etc. to your own disks, brought form home, and delete any personal information, uninstall AOL or your internet service from the computer, today.

 

[ddayjoe44]

Now we may getting somewhere...

Thanks for the info thus far! Allow me to clarify further. My wife is an outside sales rep. She still has many locations she visits on a regular basis. But, now that the number of accounts has been reduced, she will lose valuable bonus monies at the end of the calender year. They still expect her to service those accounts she has left, dig up more new business, grow her current accounts, etc. There is NO guarantee that she'll get to KEEP any of these accounts, and she seems to be putting in more and more hours per day, and getting back LESS in the process, in the way of compensation, due to the accounts that have recently been taken away. Not to mention it is a blow to her ego, having to have accounts taken away that she has built up from square one. They expect her to fly out of state this month for company meetings (she has ALWAYS hated to fly, but has complied up to now) and she is expected (fly) to attend a National Sales Meeting this summer in Florida, for a full week.

She hates the thought of continuing to work this hard, travel, etc. and we BOTH hate the thought that she won't get back anything, if she just quits.

Thanks again!

MW.-