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90day probation
- Thread starter catwoman
- Start date
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commentator
Senior Member
commentator
Your husband needs to file for his unemployment benefits. He will be asked to give a reason to the claims taker, and he will tell them he was let go at the 89th day of his probation. (He does not need a separation letter or anything else to file except the appropriate self identifications.) In order to be monetarily eligible he will need to have worked for covered employers enough during the last eighteen months to qualify.
The employer will be contacted. If they indicate it was for business related issues, or lack of need for his services, it will be an approved claim immediately. If they say it was poor performance, or misconduct of some type (such as absenteeism, theft, tardiness, violation of policy) then they will contact your husband, he will be given a chance to explain the circumstances and will be told what the company has said happened. A decision will be made at this point on whether he receives benefits, which is appealable by either party.
In any case, if you are thinking you can fight the termination on any grounds other than "fired for being a Presbyterian" which they are probably not going to say, (in other words EEOC issues,)you are mistaken. Unless EEOC comes into play, unemployment insurance is the only venue where you can protest or appeal this situation, and receiving benefits is the only recompense available even if the termination was totally unjust.
Your husband needs to file for his unemployment benefits. He will be asked to give a reason to the claims taker, and he will tell them he was let go at the 89th day of his probation. (He does not need a separation letter or anything else to file except the appropriate self identifications.) In order to be monetarily eligible he will need to have worked for covered employers enough during the last eighteen months to qualify.
The employer will be contacted. If they indicate it was for business related issues, or lack of need for his services, it will be an approved claim immediately. If they say it was poor performance, or misconduct of some type (such as absenteeism, theft, tardiness, violation of policy) then they will contact your husband, he will be given a chance to explain the circumstances and will be told what the company has said happened. A decision will be made at this point on whether he receives benefits, which is appealable by either party.
In any case, if you are thinking you can fight the termination on any grounds other than "fired for being a Presbyterian" which they are probably not going to say, (in other words EEOC issues,)you are mistaken. Unless EEOC comes into play, unemployment insurance is the only venue where you can protest or appeal this situation, and receiving benefits is the only recompense available even if the termination was totally unjust.
That is not the employer's problem. If they don't want to discuss the reason, they are not required to.if there was a situation that an employee is not aware of, how can it be corrected in the future?
commentator
Senior Member
commentator
Yes, they don't have to, but you may get unemployment benefits based on their lack of willingness to participate in the discussion, and that's better than a sharp stick in the eye.
Yes, they don't have to, but you may get unemployment benefits based on their lack of willingness to participate in the discussion, and that's better than a sharp stick in the eye.
CourtClerk
Senior Member
Or their discussion would be "we don't dispute the claim." Plenty of companies still don't dispute unemployment claims, even if the individual is fired for cause.Yes, they don't have to, but you may get unemployment benefits based on their lack of willingness to participate in the discussion, and that's better than a sharp stick in the eye.
commentator
Senior Member
commentator
Yes, poor performance is not considered misconduct, as long as the claimant states that they showed up and did their best. Being too slow or untalented isn't considered misconduct. When a person files without a "lack of work" separation letter or notice, an inquiry is always made to the employer. This may be a way this person can find out what they're saying is the reason for separation. IF they choose to respond.
If an employer does respond with a reason of any kind within the period of time given for their response, the former employee is then asked for further information concerning this response. In other words, "They say you were terminated for poor performance. Did they tell you this?" and a whole series of stock questions to verify no misconduct.
Companies that do not respond to any unemployment claims regardless of the reason for termination are woefully injuring their own tax rates. Many hire contractors to protest claims and do their responses. A very small amount of smart human resources effort would be very prudent and cost efficient. In some cases, they are afraid of EEOC complaints or other issues and allow the unemployment as a sort of bribe.
It is even possible that the claimant would not be approved anyway. If the claimant admits to work related misconduct, the agency can deny benefits even though the employer does not provide information. Of course, that doesn't happen often, it helps if we have all the facts we can gather.
Yes, poor performance is not considered misconduct, as long as the claimant states that they showed up and did their best. Being too slow or untalented isn't considered misconduct. When a person files without a "lack of work" separation letter or notice, an inquiry is always made to the employer. This may be a way this person can find out what they're saying is the reason for separation. IF they choose to respond.
If an employer does respond with a reason of any kind within the period of time given for their response, the former employee is then asked for further information concerning this response. In other words, "They say you were terminated for poor performance. Did they tell you this?" and a whole series of stock questions to verify no misconduct.
Companies that do not respond to any unemployment claims regardless of the reason for termination are woefully injuring their own tax rates. Many hire contractors to protest claims and do their responses. A very small amount of smart human resources effort would be very prudent and cost efficient. In some cases, they are afraid of EEOC complaints or other issues and allow the unemployment as a sort of bribe.
It is even possible that the claimant would not be approved anyway. If the claimant admits to work related misconduct, the agency can deny benefits even though the employer does not provide information. Of course, that doesn't happen often, it helps if we have all the facts we can gather.
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