Am I eligible for unemployment?

[CSantelli1985]

Commentator, I just have one more question. What should I say in the fact finding interview if the examiner asks me about the incident on my last day? After all, my boss said that was the straw that broke the camel's back. Should I just say my boss told me two different things and I misunderstood, or should I say something else?

 

[commentator]

Neither. Just say that you did the wrong thing, inadvertantly, and your boss called you in and told you that you were going to be terminated for poor job performance. You don't, I repeat don't, have to tell them that your boss said this was "borderine insubordination" or that it seemed like you had just quit trying lately.

If they put "performance issues" on your separation notice, or told you it was for performance issues, then they have established the cause for which they say they are firing you. They have made this choice. As I said, don't tell them that you had also been disciplined or written up or whatever for anything else, like tardiness, or "poor attitude" or whatever. Once they pick out "performance issues" as their reason to terminate you, that's the only situation you need to address. The employment office will also be picking a general issue for which you were terminated. I see nothing here except performance issues. Insubordination is just a term, it doesn't apply, and your boss thought it had a fine ring to it. There is no stipulation that you repeat verbatim what he said to you.

 

[CSantelli1985]

Neither. Just say that you did the wrong thing, inadvertantly, and your boss called you in and told you that you were going to be terminated for poor job performance. You don't, I repeat don't, have to tell them that your boss said this was "borderine insubordination" or that it seemed like you had just quit trying lately.

If they put "performance issues" on your separation notice, or told you it was for performance issues, then they have established the cause for which they say they are firing you. They have made this choice. As I said, don't tell them that you had also been disciplined or written up or whatever for anything else, like tardiness, or "poor attitude" or whatever. Once they pick out "performance issues" as their reason to terminate you, that's the only situation you need to address. The employment office will also be picking a general issue for which you were terminated. I see nothing here except performance issues. Insubordination is just a term, it doesn't apply, and your boss thought it had a fine ring to it. There is no stipulation that you repeat verbatim what he said to you.

I say that even if the HR director tells the unemployment people, "His supervisor told him to do something on his last day and he didn't listen?"

 

[commentator]

If the issue is performance, they have to keep it on performance. They will ask the company's representative the certain set of questions that come into play with performance issues. You DO NOT have to worry about what they say about you or your actions, you do not have to refute every single issue. The investigator will lead you by asking specific questions. They have asked, "What happened on the last day this person worked?" You will of course have a version in which you did the wrong thing, because you failed to understand what you were supposed to do, not on purposed and to be in her face or give her trouble. They will, of course, tell a story in which you were probably a deliberate screw up. That's what they can do if they want to. Your job is just to present your side, that you did nothing deliberate no trying to be a poor employee. You tried to do what you thought your supervisor was telling you to do. Why should you say anything else?

But hey, haven't you had that hearing YET? What's going on, keep us updated.

 

[CSantelli1985]

If the issue is performance, they have to keep it on performance. They will ask the company's representative the certain set of questions that come into play with performance issues. You DO NOT have to worry about what they say about you or your actions, you do not have to refute every single issue. The investigator will lead you by asking specific questions. They have asked, "What happened on the last day this person worked?" You will of course have a version in which you did the wrong thing, because you failed to understand what you were supposed to do, not on purposed and to be in her face or give her trouble. They will, of course, tell a story in which you were probably a deliberate screw up. That's what they can do if they want to. Your job is just to present your side, that you did nothing deliberate no trying to be a poor employee. You tried to do what you thought your supervisor was telling you to do. Why should you say anything else?

But hey, haven't you had that hearing YET? What's going on, keep us updated.

My hearing is November 5th. Like I said, I don't know if they will even contest. That is the HR manager's decision, not my ex boss's. I don't know what else they can throw in there other than poor performance. I was never written up or spoken to about being late or breaking rules or having a bad attitude or anything like that.

 

[commentator]

Sigh. Quit worrying about it. What is done is done. I have already told you that if they said poor performance, they can't come in at the hearing and say they fired you for tardiness or having a bad attitude or stealing money from the office coffee kitty. If they try, they will be told that the only relevant information is the information they can provide about your alleged poor performance.

As we said, OF COURSE they are going to object to your drawing benefits. It doesn't make a spit of difference whether the supervisor said or didn't say they would fight the claim. Of course the company is not going to voluntarily let someone they have terminated for poor performance draw benefits without objections. If they had had no objection to your drawing benefits, they'd have let you go due to lack of work, and that would've gotten you an automatic approval.

But incidentally, even if your employer does not appeal, you have to show up and answer and convince the unemployment service that you did not deliberately screw up on the job. If they decided your poor performance was deliberate, they could not approve your claim even if your employer "didn't fight it." Your boss didn't know diddly about unemployment benefits, it sounds to me like, and you blindly trustingly asked if you could have it, and they made up something and told you that would make it sound like HR was the "bad guy" and not your supervisor. But as you've repeatedly been told, it doesn't matter.

You no longer work for this company. What he said and she said and they all said, and then I said.....is past. Now why don't you quit overthinking this issue and move on toward finding another job. Please. You have been reassured, it has all been explained to you. So read what has been said everywhere and find another activity to occupy your mind between now and the time of your hearing. If you are not approved, appeal. Then let's see what happens.

 

[CSantelli1985]

Sigh. Quit worrying about it. What is done is done. I have already told you that if they said poor performance, they can't come in at the hearing and say they fired you for tardiness or having a bad attitude or stealing money from the office coffee kitty. If they try, they will be told that the only relevant information is the information they can provide about your alleged poor performance.

As we said, OF COURSE they are going to object to your drawing benefits. It doesn't make a spit of difference whether the supervisor said or didn't say they would fight the claim. Of course the company is not going to voluntarily let someone they have terminated for poor performance draw benefits without objections. If they had had no objection to your drawing benefits, they'd have let you go due to lack of work, and that would've gotten you an automatic approval.

But incidentally, even if your employer does not appeal, you have to show up and answer and convince the unemployment service that you did not deliberately screw up on the job. If they decided your poor performance was deliberate, they could not approve your claim even if your employer "didn't fight it." Your boss didn't know diddly about unemployment benefits, it sounds to me like, and you blindly trustingly asked if you could have it, and they made up something and told you that would make it sound like HR was the "bad guy" and not your supervisor. But as you've repeatedly been told, it doesn't matter.

You no longer work for this company. What he said and she said and they all said, and then I said.....is past. Now why don't you quit overthinking this issue and move on toward finding another job. Please. You have been reassured, it has all been explained to you. So read what has been said everywhere and find another activity to occupy your mind between now and the time of your hearing. If you are not approved, appeal. Then let's see what happens.

OK. Thanks.

 

[Chyvan]

My hearing is November 5th.

You're NOT having a hearing. It is a phone interview. You haven't even received an initial determination yet.

 

[commentator]

Agree. From my understanding, this is an initial decision that hasn't been made yet.

 

[eerelations]

Good Golly!

 

[CSantelli1985]

It is the initial interview. I'll let you all know how I make out. Thank you for all your advice.

 

[CSantelli1985]

OK. I had my interview. It lasted about 10 minutes. It was hard to read the examiner and how it went. He asked me about my last day and if my termination was verbal or in writing. I told him verbal. He asked what happened on my last day and I said I was under the gun and made an inadvertent mistake and I was terminated after that. He asked me if I had received any written or verbal warnings. I was honest. I told him about the write up few weeks before I was let go that said "After 9 months, he still isn't grasping a lot of the functions of his job," and also told him about the verbal discussions, that they were pretty much the same thing, just that I was not catching on. He then asked, "After you received these warnings, did you try to improve?" I told him yes. I stayed late, and if I didn't understand something I asked, and that I tried my best. Then he asked me for the phone number of the company so I gave him the HR director's number. He then told me he was going to call the HR director and get their side of the story and then would make his determination. He then said that if I disagreed with his determination I had a right to appeal. It seems that the HR director didn't even respond to the unemployment letter. We'll see what happens,

 

[cbg]

It seems that the HR director didn't even respond to the unemployment letter.

So I was right when I told you over. and over. and over. that HR was unlikely to contest, wasn't I?

 

[CSantelli1985]

It seems that the HR director didn't even respond to the unemployment letter.

So I was right when I told you over. and over. and over. that HR was unlikely to contest, wasn't I?

HR didn't respond to the letter. Maybe she just didn't get it. The HR department is very disorganized. I wonder if the claims examiner will be able to get a hold of her.

 

[commentator]

They will try very hard. They are required by law to call and attempt to reach the HR people by telephone if they don't get a response to their requests for information. Don't be super over confident just for that reason, because it is possible NOT to have a favorable decision even with no feedback from HR.

But from the sound of this, if you didn't bend over backward and sideways to be so super honest you ended up screwing yourself up, which I repeatedly told you not to do, it sounds like it could very well go in your favor. So for a few more minutes, stop trying to "read the adjudicator" or figure out what will happen. You'll get a decision. If it is in your favor, you will be back paid for the weeks you have already certified for. You have been making those weekly certifications, haven't you?

And even if it goes in your favor, there's always a chance the other party will appeal. You can't rule it out for fifteen days after the decision to approve or deny has been made. But as we told you, repeatedly, it's just standard operating procedure, no, if you appeal a negative decision you're not apt to end up being discharged with more predjudice and in worse shape than ever, and ....well, basically everything we said already. Let us know.