Unemployment Benefits Eligibility

[christmasbaby]

What is the name of your state (only U.S. law)?South Carolina

I have worked for the same "company" for 18 years. Recently, my company was sold to another and I served as project manager for moving the 200+ employee site to South Carolina. Due to my responsibilities in moving the site and a combination of personal reasons, I was allowed to travel for nine months. I just relocated. As soon as I relocated, I was placed on a PIP with specific metrics to be met by 7/31. I met those metrics, but my manager changed a formula calculation on 7/31 causing the metrics to fall below the goals. He gave me until 8/12. I met the requirements with the new calculations on 8/12.

He acknowledged that I had met the requirements of the PIP, but was extending it one month with higher requirements. This time, it was not in writing. While I have no doubt I will meet the new requirements, I know I will be terminated. This PIP is not about my performance, but rather that my salary is too high for the new company guidelines. The new fiscal year starts on Oct. 1 and I know, okay strongly suspect, I am not included in their budget.

My question is should I resign now? Will I qualify for unemployment benefits if I do? Should I wait to be terminated and challenge the termination for unemployment benefits? I know it is better to resign for future job opportunities, but I am 59 years old without that golden college degree. My chances are going to be rough to stay in the same field and I am not sure I even want to. My salary is high because I am a hard worker and have had great career growth over many years .... unfortunately for me!

I have never had a below average performance review, most being above average so this process is an eye-opener for me. I know I have been fortunate. Any advise you can give is greatly appreciated!

 

[Zigner]

What is the name of your state (only U.S. law)?South Carolina

I have worked for the same "company" for 18 years. Recently, my company was sold to another and I served as project manager for moving the 200+ employee site to South Carolina. Due to my responsibilities in moving the site and a combination of personal reasons, I was allowed to travel for nine months. I just relocated. As soon as I relocated, I was placed on a PIP with specific metrics to be met by 7/31. I met those metrics, but my manager changed a formula calculation on 7/31 causing the metrics to fall below the goals. He gave me until 8/12. I met the requirements with the new calculations on 8/12.

He acknowledged that I had met the requirements of the PIP, but was extending it one month with higher requirements. This time, it was not in writing. While I have no doubt I will meet the new requirements, I know I will be terminated. This PIP is not about my performance, but rather that my salary is too high for the new company guidelines. The new fiscal year starts on Oct. 1 and I know, okay strongly suspect, I am not included in their budget.

My question is should I resign now? Will I qualify for unemployment benefits if I do? Should I wait to be terminated and challenge the termination for unemployment benefits? I know it is better to resign for future job opportunities, but I am 59 years old without that golden college degree. My chances are going to be rough to stay in the same field and I am not sure I even want to. My salary is high because I am a hard worker and have had great career growth over many years .... unfortunately for me!

I have never had a below average performance review, most being above average so this process is an eye-opener for me. I know I have been fortunate. Any advise you can give is greatly appreciated!

Continue working to the best of your ability. If you quit under the circumstances, then it is virtually guaranteed that you will be denied for UI.

 

[LdiJ]

Continue working to the best of your ability. If you quit under the circumstances, then it is virtually guaranteed that you will be denied for UI.

I agree. This also would not be a firing, it would be a layoff. It would also be somewhat dangerous for them to do if they plan to replace you with someone younger and cheaper. It could easily be construed as age discrimination. Now, if they replace you with someone else over (I think its 40) then age discrimination would probably not apply.

So, work until the very last minute you can work, and then file for unemployment if they lay you off.

 

[christmasbaby]

I agree. This also would not be a firing, it would be a layoff. It would also be somewhat dangerous for them to do if they plan to replace you with someone younger and cheaper. It could easily be construed as age discrimination. Now, if they replace you with someone else over (I think its 40) then age discrimination would probably not apply.

So, work until the very last minute you can work, and then file for unemployment if they lay you off.

Thank you ldiJ, and Zinger too. However, I think it IS a termination because the PIP states "...up to and including termination." I also know it would be a way of avoiding severance pay. I also was the last transfer employee to get the relocation/retention bonus. All others got theirs mid-July. They told me I would get mine 8/14 because I was left behind at the other site after relocation for "clean-up". I strongly feel they planned on terminating me on 8/12 because I got a "live check" on 8/17, unlike anyone else with automatic deposit. My new company is very cost conscious, so I think it is a termination?

 

[Zigner]

Thank you ldiJ, and Zinger too. However, I think it IS a termination because the PIP states "...up to and including termination." I also know it would be a way of avoiding severance pay. I also was the last transfer employee to get the relocation/retention bonus. All others got theirs mid-July. They told me I would get mine 8/14 because I was left behind at the other site after relocation for "clean-up". I strongly feel they planned on terminating me on 8/12 because I got a "live check" on 8/17, unlike anyone else with automatic deposit. My new company is very cost conscious, so I think it is a termination?

Layoff or termination really matters not. In fact, a layoff IS a termination in that they are terminating the employment relationship.

 

[christmasbaby]

Layoff or termination really matters not. In fact, a layoff IS a termination in that they are terminating the employment relationship.

Doesn't it make a difference in whether I get a severance package or not, though? FYI, this plant manager is so cost driven, he turned off the hot water for the site! Ha ha ha!

 

[Zigner]

Doesn't it make a difference in whether I get a severance package or not, though? FYI, this plant manager is so cost driven, he turned off the hot water for the site! Ha ha ha!

Your questions were about unemployment eligibility. I can't speak to severance because that would be covered by your company's policies, not law.

 

[eerelations]

The legal definition of "employment termination" is anytime an employee leaves an employer, whether voluntarily or involuntarily. If you quit, it's a termination. If you're laid off, it's a termination. If you're dismissed, it's a termination. If you're fired, it's a termination. If you're killed or go into a coma or are otherwise incapacitated to the extent that you cannot return to work, it's a termination. And so on.

However, the UI people look at things slightly differently. If you're laid off, fired and/or dismissed, the probability of you being eligible for UI benefits is very high. If you quit under the circumstances you've described here, the chance of you being eligible for UI benefits is nil (to paraphrase my Esteemed Colleague Zigner).

So here are your options:

1. quit now (no UI benefits); or
2. stay until you are "terminated" (probably UI benefits).

Your choice.

 

[christmasbaby]

The legal definition of "employment termination" is anytime an employee leaves an employer, whether voluntarily or involuntarily. If you quit, it's a termination. If you're laid off, it's a termination. If you're dismissed, it's a termination. If you're fired, it's a termination. If you're killed or go into a coma or are otherwise incapacitated to the extent that you cannot return to work, it's a termination. And so on.

However, the UI people look at things slightly differently. If you're laid off, fired and/or dismissed, the probability of you being eligible for UI benefits is very high. If you quit under the circumstances you've described here, the chance of you being eligible for UI benefits is nil (to paraphrase my Esteemed Colleague Zigner).

So here are your options:

1. quit now (no UI benefits); or
2. stay until you are "terminated" (probably UI benefits).

Your choice.

Got and understood!

 

[christmasbaby]

Got and understood!

One more question, please. In the final conversation, should I ask for unemployment benefits to be unchallenged based on this whole PIP process? Or is that an effort in futility?

 

[Zigner]

One more question, please. In the final conversation, should I ask for unemployment benefits to be unchallenged based on this whole PIP process? Or is that an effort in futility?

I wouldn't even bring it up personally. Your manager likely has no input on the matter anyway.

 

[eerelations]

I wouldn't even bring it up personally. Your manager likely has no input on the matter anyway.

Agree wholeheartedly, just stay silent on this. If they challenge your UI claim, you will either get the benefits in spite of the challenge, or you will have to appeal. You will most likely win said appeal.

 

[christmasbaby]

I wouldn't even bring it up personally. Your manager likely has no input on the matter anyway.

Thanks, Zinger. I tend to agree with you, but my boss is the Plant Manager and he has included the corporate HR head in our last 2 conversations on progress. You are right, though. It is going to happen and I appreciate yours, and all, input. I will work to termination. However, I do know he is interviewing for an industrial engineer that he stated to me could "help me".

I have been to this site before under another user name and another issue and you guys are on target. (Although I didn't listen to you about the other previous matter - child custody!)

 

[Just Blue]

Thanks, Zinger. I tend to agree with you, but my boss is the Plant Manager and he has included the corporate HR head in our last 2 conversations on progress. You are right, though. It is going to happen and I appreciate yours, and all, input. I will work to termination. However, I do know he is interviewing for an industrial engineer that he stated to me could "help me".

I have been to this site before under another user name and another issue and you guys are on target. (Although I didn't listen to you about the other previous matter - child custody!)

What was the other user name and why did you sign up under another?

 

[christmasbaby]

What was the other user name and why did you sign up under another?

Don't be confused! I forgot my other username -- sweettea or someth9ng like that. But it was about child custody, very emotional (of course), and a couple of years ago, This situation is entirely different.