veronica415
Junior Member
What is the name of your state?What is the name of your state? California
I was recently discharged from my job due to “poor performance;” however, I question that was the case and should I have been laid -off instead? It is my belief for the reasons listed below that I was fired so that my former employer could avoid paying unemployment fees. Due to their use of the term “poor performance, “I was denied unemployment payment and must appeal to EDD’s decision. I was wondering if I have a case.
I had been employed as a wine marketing manager for over 2 years and performed my job to the best of my ability and beyond. I had been given raises and promotions based on my performance and was recently sent on a business trip to Europe for 2 weeks.
I worked for 1 week after my return and was then terminated Friday evening, after closing. The week prior to my being terminated, my boss mentions on a couple of occasions that the company was not profitable (something she’d mention shortly after I started working there) and that the owner decided to cut future marketing endeavors, including procuring venues for outside wine tastings that he wanted, which I achieved, and then decided against after my return (just one example).
Some reasons listed for my termination where trivial, contrived, or irrelevant to job performance, as you will see below.
First, she claimed that there were issues with my performance before I left; yet if this was the case I question why I would be sent to Europe and not fired beforehand. It was also claimed that I billed wine club membership a few days late; a wine club that I created and expanded upon, and again I question why if this was a relevant issue that I was not terminated before my trip to Europe. Additionally, I was promoted to Marketing Coordinator, and then Marketing Manager; this is how she introduced me to potential clients among others and I handled all advertising sales and non – profit inquires for some 9-10 months. She claimed in her termination letter that I gave myself that title. If that was the case then why would I not have been told sooner?
Second, she basically had our agent in Europe look for reasons to terminate me. He claimed I was late to an appointment that I was not late to. One appointment was faxed to me and my colleague an hour before we were supposed to be there; I have documentation of this. Additionally, we had to make some of our own hotel reservations for days that were not already booked and were accused of hotel hoping by my boss; when in fact we had no outside help and booked rooms that were less expensive than those that had been booked. Moreover, my colleague was sick, a fact my boss knew before we left and she had a doctor’s note, and we needed a hotel with two separate beds. I find it unreasonable that I would have to share one bed, let alone one bed with someone who is known to be sick.
We were also accused of not going to dinner with our agent and not calling when in fact my colleague did call to let him know we would not attend due to the fact she was sick.
Additionally, would I also be able to refer to Labor Code 98.6? Which bars employers from discriminating in any manner against employees conduct during non-working hours.
Would that law apply here??
My employer did not even ask my version of events; she first fired me, and then listed the reasons.
For the reasons listed above I was wondering if I have a case. I also wonder how this will effect future employment. Is there some way to get the reason for my being “discharged” to “Laid – off” for future employment reasons??
Sorry so lengthy, thanks for the help.
I was recently discharged from my job due to “poor performance;” however, I question that was the case and should I have been laid -off instead? It is my belief for the reasons listed below that I was fired so that my former employer could avoid paying unemployment fees. Due to their use of the term “poor performance, “I was denied unemployment payment and must appeal to EDD’s decision. I was wondering if I have a case.
I had been employed as a wine marketing manager for over 2 years and performed my job to the best of my ability and beyond. I had been given raises and promotions based on my performance and was recently sent on a business trip to Europe for 2 weeks.
I worked for 1 week after my return and was then terminated Friday evening, after closing. The week prior to my being terminated, my boss mentions on a couple of occasions that the company was not profitable (something she’d mention shortly after I started working there) and that the owner decided to cut future marketing endeavors, including procuring venues for outside wine tastings that he wanted, which I achieved, and then decided against after my return (just one example).
Some reasons listed for my termination where trivial, contrived, or irrelevant to job performance, as you will see below.
First, she claimed that there were issues with my performance before I left; yet if this was the case I question why I would be sent to Europe and not fired beforehand. It was also claimed that I billed wine club membership a few days late; a wine club that I created and expanded upon, and again I question why if this was a relevant issue that I was not terminated before my trip to Europe. Additionally, I was promoted to Marketing Coordinator, and then Marketing Manager; this is how she introduced me to potential clients among others and I handled all advertising sales and non – profit inquires for some 9-10 months. She claimed in her termination letter that I gave myself that title. If that was the case then why would I not have been told sooner?
Second, she basically had our agent in Europe look for reasons to terminate me. He claimed I was late to an appointment that I was not late to. One appointment was faxed to me and my colleague an hour before we were supposed to be there; I have documentation of this. Additionally, we had to make some of our own hotel reservations for days that were not already booked and were accused of hotel hoping by my boss; when in fact we had no outside help and booked rooms that were less expensive than those that had been booked. Moreover, my colleague was sick, a fact my boss knew before we left and she had a doctor’s note, and we needed a hotel with two separate beds. I find it unreasonable that I would have to share one bed, let alone one bed with someone who is known to be sick.
We were also accused of not going to dinner with our agent and not calling when in fact my colleague did call to let him know we would not attend due to the fact she was sick.
Additionally, would I also be able to refer to Labor Code 98.6? Which bars employers from discriminating in any manner against employees conduct during non-working hours.
Would that law apply here??
My employer did not even ask my version of events; she first fired me, and then listed the reasons.
For the reasons listed above I was wondering if I have a case. I also wonder how this will effect future employment. Is there some way to get the reason for my being “discharged” to “Laid – off” for future employment reasons??
Sorry so lengthy, thanks for the help.
