What is the name of your state (only U.S. law)? South Carolina
Hello,
I was hoping that someone here could provide me with some legal advice.
I was terminated from my job in May 2014 for "failing to perform assigned work to the employer's satisfaction". My claim for unemployment was subsequently denied for the same reason. I appealed the decision, but the denial was upheld during the appeal.
I began researching this on my own just yesterday for my own curioisity and found something that did not sit well with me. The exact reason stated on the claim denial form was:
YOU WERE DISCHARGED FROM YOUR JOB WITH YOUR MOST RECENT BONA FIDE EMPLOYER FOR FAILING TO PERFORM ASSIGNED WORK TO THE SATISFACTION OF THE EMPLOYER. THIS IS A DISCHARGE FOR CAUSE IN CONNECTION WITH THE WORK UNDER THE SOUTH CAROLINA CODE SECTION 41-35-120(2)(B). YOU ARE DISQUALIFIED FOR 16 WEEKS. YOUR MAXIMUM BENEFITS ARE ALSO REDUCED BY 16 TIMES YOUR WEEKLY BENEFIT AMOUNT.
SEPARATION OCCURRED FOR FAILING TO MEET PERFORMANCE EXPECTATIONS OF THE EMPLOYER.
With that said, the actual text of the applicable law seems to directly conflict with this finding. See below:
(b) If the department finds that he has been discharged for cause, other than misconduct as defined in item (2)(a), connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, then the department must find him partially ineligible. The ineligibility must begin with the effective date of the request, and continuing not less than five nor more than the next nineteen weeks, in addition to the waiting period. A corresponding and mandatory reduction of the insured worker's benefits, to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification, must be made. The ineligibility period must be determined by the department in each case according to the seriousness of the cause for discharge. Discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification under either subitem (a) or (b) of this item.
The very last statement I feel is noteworthy.
So my question is, have I been wrongfully denied my benefits, or should I just let this thing go an chalk it up to a learning experience?
Thank you for your assistance.
Hello,
I was hoping that someone here could provide me with some legal advice.
I was terminated from my job in May 2014 for "failing to perform assigned work to the employer's satisfaction". My claim for unemployment was subsequently denied for the same reason. I appealed the decision, but the denial was upheld during the appeal.
I began researching this on my own just yesterday for my own curioisity and found something that did not sit well with me. The exact reason stated on the claim denial form was:
YOU WERE DISCHARGED FROM YOUR JOB WITH YOUR MOST RECENT BONA FIDE EMPLOYER FOR FAILING TO PERFORM ASSIGNED WORK TO THE SATISFACTION OF THE EMPLOYER. THIS IS A DISCHARGE FOR CAUSE IN CONNECTION WITH THE WORK UNDER THE SOUTH CAROLINA CODE SECTION 41-35-120(2)(B). YOU ARE DISQUALIFIED FOR 16 WEEKS. YOUR MAXIMUM BENEFITS ARE ALSO REDUCED BY 16 TIMES YOUR WEEKLY BENEFIT AMOUNT.
SEPARATION OCCURRED FOR FAILING TO MEET PERFORMANCE EXPECTATIONS OF THE EMPLOYER.
With that said, the actual text of the applicable law seems to directly conflict with this finding. See below:
(b) If the department finds that he has been discharged for cause, other than misconduct as defined in item (2)(a), connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, then the department must find him partially ineligible. The ineligibility must begin with the effective date of the request, and continuing not less than five nor more than the next nineteen weeks, in addition to the waiting period. A corresponding and mandatory reduction of the insured worker's benefits, to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification, must be made. The ineligibility period must be determined by the department in each case according to the seriousness of the cause for discharge. Discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification under either subitem (a) or (b) of this item.
The very last statement I feel is noteworthy.
So my question is, have I been wrongfully denied my benefits, or should I just let this thing go an chalk it up to a learning experience?
Thank you for your assistance.