Outside sales termination/unemployment

I work and reside in AZ

I work in outside sales and was recently notified that, due to a decline in my sales numbers, I will likely be terminated in 30-45 days unless my numbers substantially increase. I was asked to sign a notification that basically said the above, and it also included a statement that the company felt my decrease in productivity was too much to blame on the economy, and that it showed a lack of initiative on my part. Trusting my manager (who asked me to sign the letter) and being in shock at the thought of losing my job I signed.

Feeling I have been a good employee and given fair effort over the last 4 years I sat down and compared my numbers with the numbers of the rest of the sales staff since 2005. My % decline in sales over the last 2 years is neither the highest or lowest where I work. No one has had an increase in sales. Since I am the newest salesperson, I suspect I am just a cutback to save the company money.

I now realize that this letter was probably given to me to absolve the company of having to pay me unemployment when they let me go, as AZ law states that to qualify for benefits you must have been terminated "at no fault of your own". Will my signing this letter disqualify me from collecting unemployment? If so, can I fix this? At this point I am just hoping to preserve my benefits while I look for something else.

Thank you

You have 30-45 days to "save" yourself. Get out there and hustle!

Poor performance is rarely a disqualifier for benefits.

Hot Topic said:

You have 30-45 days to "save" yourself. Get out there and hustle!

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I work in construction in the now 49th slowest growing state in the country. Arizona expects to loose 80,000 construction related jobs in 2009, so I don't really know if "saving myself" now will save me in a few months. Also, it takes a MINIMUM of 30 days where I work to set up a new account and see any numbers come in, so again I feel this letter was just them trying to sneak out of paying me unemployment as my drop in sales is no different than those that are staying. Believe me, I have been trying very hard to get new accounts for the last two years but construction is just not the place to be right now.


"poor performance is rarely a dis qualifier for benefits"
I worry that in AZ it is, here is a quote from an Arizona Unemployment Website stating who qualifies:
"People who are unemployed through no fault of their own, or work-related misconduct."


So, before I am let go should I send a letter/email (with paper trails) to my manager and the corporate office stating that while I understand they will let me go in 30-45 days if my sales don't improve I do NOT agree that my drop in sales is any fault of my own (despite my having signed the letter), and then cite the documentation I have that backs that up? Additionally, all of my accounts love me and the only jobs I have lost have been due to price (something corporate decides), them going out of business or quality of product (again, beyond my control).

In my 20years of working I have never been let go from a job, and I am really bothered that I feel they are trying to screw me out of what I am due if they let me go.

Anyone have any thoughts on this?

There is not a state in the US where poor performance is considered to be the employee's fault.

"Work-related misconduct" is not poor performance. "Work-related misconduct" means things like fighting, harassing coworkers and customers, stealing, vandalism, etc.

cbg said:

There is not a state in the US where poor performance is considered to be the employee's fault.

Click to expand...

Well, I guess that is good to hear even if it seems counter intuitive. I guess we will see what happens.

Thank you!

For unemployment purposes, "fault" implies a degree of control. Are you DELIBERATELY having poor sales? No? Then it's not your "fault" as unemployment sees it.