Unemployment question

[isis297]

NY

Can someone fired for not performing their job collect unemployment? I didn't think so, but I thought I would ask the professionals.

Thank you for always having the answers for me. I appreciate you all.

 

[PayrollHRGuy]

One should apply, but termination for good cause is usually disqualifying.

 

[quincy]

NY

Can someone fired for not performing their job collect unemployment? I didn't think so, but I thought I would ask the professionals.

Thank you for always having the answers for me. I appreciate you all.

It doesn’t hurt to apply.

 

[cbg]

Is it that they were just sitting around doing nothing? Or was is that they were trying but not succeeding in meeting expectations?

The first is questionable on UI; the second is a probably-will-get.

 

[adjusterjack]

The following is from the NY unemployment compensation appeals board.

Circumstances which would not justify the imposition of a disqualification for misconduct, include: mere inefficiency, inadequate performance as the result of inability or incapacity, inadvertence or ordinary negligence in isolated instances, or good faith errors in judgment or discretion

part-2-chapter-2.pdf (ny.gov)

Ergo, poor performance does not necessarily disqualify for NY unemployment benefits.

 

[cbg]

In general, poor performance does not disqualify one for unemployment. Deliberate poor performance does.

The burden of proof is on the employer to show that it is deliberate.

 

[commentator]

Apply immediately if you have not done so. It depends tremendously on the way the termination was carried out. There is no downside to applying, even if the ultimate answer is no. If a person is doing their job "to the best of their abilities" and they just cannot do what is required of them, then they will probably have been considered to have left the job through no fault of their own. Thus approval for benefits. If you showed up regularly and tried to do your duties, and they walk in one day and say, "Not doing good enough, you're fired!" then you have a good possibility. If, however, you were given several warnings, write ups, and told that if you do not improve your performance and then you are terminated, not such a good chance. In other words, did you do the job to the best of your abilbiies? And secondly, were you given an opportunity to change your behavior or performance in a reasonable, possible way, and you chose not to do it? If so, not such a good chance. It has everything to do with how your employer handled the termination. I usually advise people in a tough job to show up and do your best. If you've made a good faith effort to do what you've been asked to do, and you do not walk away and quit, then when they terminate you, the burden of proving that you were terminated for a valid work related reason is on them and your chances of approval are much better. Memorize and use the phrase, "I did the job to the best of my abilities."

 

[isis297]

My assistant has deliberately not been doing all facets of her job despite being told management is checking cameras and people will be written up and eventually terminated. It is believed she is trying to get fired so she can collect unemployment so there is hesitation to fire her.

I didn't think it was allowed and wanted to ask you, whom I trust the knowledge of. I appreciate the point of management needing to document, CBG.

 

[isis297]

In general, poor performance does not disqualify one for unemployment. Deliberate poor performance does.

The burden of proof is on the employer to show that it is deliberate.

She is deliberately not doing portions of her job, despite being told management is looking at cameras and going to start writing people up.

 

[isis297]

I usually advise people in a tough job to show up and do your best. If you've made a good faith effort to do what you've been asked to do, and you do not walk away and quit, then when they terminate you, the burden of proving that you were terminated for a valid work related reason is on them and your chances of approval are much better. Memorize and use the phrase, "I did the job to the best of my abilities."

My assistant is deliberately not doing portions of her job, despite being told management is looking at cameras and going to start writing people up.

 

[Zigner]

My assistant is deliberately not doing portions of her job, despite being told management is looking at cameras and going to start writing people up.

You really don't need to worry about whether or not your assistant will receive unemployment. It's above your paygrade (so to speak).

 

[isis297]

You really don't need to worry about whether or not your assistant will receive unemployment. It's above your paygrade (so to speak).

I feel I do because, in addition to deliberately not doing half her job, she has also made the environment a hostile work place for the last 6 months and has caused problems with some of the owners who hired our company to do a job. When I hear this is one of the hesitations for letting her go, I wanted to ask, especially for my health. I'm up for a promotion right now and I don't want to lose it because I end up having to quit for health reasons because my corporate office is allowing what's been happening to continue.

 

[Zigner]

I feel I do because, in addition to deliberately not doing half her job, she has also made the environment a hostile work place for the last 6 months and has caused problems with some of the owners who hired our company to do a job. When I hear this is one of the hesitations for letting her go, I wanted to ask, especially for my health. I'm up for a promotion right now and I don't want to lose it because I end up having to quit for health reasons because my corporate office is allowing what's been happening to continue.

Let me be more blunt:
Whether or not your helper gets unemployment insurance is none of your business.

 

[AlmostThere]

Perhaps a better question is why are you so concerned about your team member's unemployment status?

 

[Zigner]

OP wants to hasten the departure of her assistant by telling her boss(es) not to worry about the assistant getting unemployment.