Please to 'splain

[CJane]

What is the name of your state? Live in MO but I think this applies to KS.

I was fired today. I've heard that KS is not an at-will state, but a 'right to work' state. What does that actually mean?

I was supposedly fired for poor work performance, though there has NEVER been an indication, written or otherwise, that they were dissatisfied with my work. In fact, when they said that I hadn't completed assigned tasks in a timely manner, I was able to dispute that with proof that either the work HAD been completed, or that I had not yet received the reports necessary in order to complete the task. Once I pointed that out, the HR person said "well, that's unfortunate, but regardless, we're letting you go."

I have a feeling they're going to fight me on unemployment.

Help?

 

[cbg]

It means that someone doesn't know what they are talking about.

At-will and right-to-work are not mutually exclusive. They have nothing to do with each other.

In an employment at will state, which is every state except Montana and even includes Montana in some circumstances, an employee can quit at any time and for any reason, and the employer can fire him or her at any time and for any reason not specifically prohibited by law.

In a right to work state, and Kansas is a right to work state although Missouri is not, an employee cannot be forced to join a union to get work.

Kansas is BOTH an employment at-will AND a right-to-work state. But unfortunately for you, the fact of it being right-to-work has no bearing on your situation.

Your termination was legal, even if possibly unfair.

However, even if your employer chooses to fight unemployment, it is quite unlikely that they will prevail. Poor performance, particularly where questionable, is seldom if ever a bar to unemployment benefits. The burden of proof will be on your employer to show that your alleged performance problems were deliberate - i.e. that you could have performed to standard and deliberately chose not to - before they could successfully fight a UI claim.

 

[You Are Guilty]

Great answer, but just wanted to make one little thing explicitly clear in hopes someone will actually read it before asking the same question yet again

In an employment at will state, which is every state except Montana and even includes Montana in some circumstances, an employee can quit at any time and for any reason, and the employer can fire him or her at any time and for any reason not specifically prohibited by law or contract.

As for fighting unemployment, all you can do is start collecting your workplace evidence now before it mysteriously "disappears"...

 

[Betty]

What is the name of your state? Live in MO but I think this applies to KS.

I was fired today. I've heard that KS is not an at-will state, but a 'right to work' state. What does that actually mean?

I was supposedly fired for poor work performance, though there has NEVER been an indication, written or otherwise, that they were dissatisfied with my work. In fact, when they said that I hadn't completed assigned tasks in a timely manner, I was able to dispute that with proof that either the work HAD been completed, or that I had not yet received the reports necessary in order to complete the task. Once I pointed that out, the HR person said "well, that's unfortunate, but regardless, we're letting you go."

I have a feeling they're going to fight me on unemployment.

Help?

Kansas is an at-will employment state (all states are except one). It means you can be fired at any time for any reason not protected by law (ie age, religion, sex, etc.) unless there is an employment contract to the contrary. By the same token, you could have quit at any time for any reason.

Ks. is a right to work state. That just means there is a law that lets you decide whether you want to join & support a union. You can't be denied employment if you don't want to join a union.

File for unemployment. What makes you think they will fight you on the unemployment?

 

[Betty]

cbg & You Are Guilty - you both were typing your replies at the same time I was but got yours submitted off before me. Betty

 

[CJane]

File for unemployment. What makes you think they will fight you on the unemployment?

Thanks to those of you who answered the right-to-work question. That's what I'd found, but wanted to verify.

As far as fighting unemployment, I asked if they'd fight my application, and the HR woman said "That has yet to be determined, but if I were you, I wouldn't count on getting it."

What 'workplace evidence' should I be gathering?

 

[cbg]

Technically, a contract violation is not necessarily a wrongful term, unless ALSO prohibited by law.

A contract violation is just that; a contract violation.

 

[cbg]

Without knowing the basis on which your employer plans to fight it, that's hard to say. Do you have documentation to prove that your work was completed on time? Do you have written evidence that you were not provided with the information you needed to complete it? Positive employment reviews?

 

[CJane]

Without knowing the basis on which your employer plans to fight it, that's hard to say. Do you have documentation to prove that your work was completed on time?

No. But there's also no documentation that it was ever assigned to me. I was also never given documentation of an actual due date... I simply requested more work, and they handed me files. KWIM?

Do you have written evidence that you were not provided with the information you needed to complete it?

No.

Positive employment reviews?

Yes. From every job I've ever worked, including this one. I've NEVER received an unsatisfactory employment review. In fact, the ONLY negative job performance related feedback I received at this job prior to today was for them to tell me I needed to stop working through lunches and breaks.

 

[cbg]

Well, as I said, without knowing the basis on which your employer is planning to contest, it's hard to give you any specific information as to what documentation you need. But IF they are using poor performance, those reviews should help.

 

[ecmst12]

Keep in mind that if they do want to fight your UI claim, the burden of proof will be on THEM to prove that you were fired for willful misconduct.