© 2022 Fairygodboss. All rights reserved.
Unemployment
Hi there!
I was written up for performance issues. In the write up it said for me to correct my performance or I could be fired and loss unemployment benefits I’ve never seen this before.
Can they put that in the write up? Isn’t the unemployment office the one that determines your eligibility ?
Anonymous
09/28/19 at 7:50PM UTC
Write- ups are basically threats!
Gillianne Hetrick
HR Manager & Non-Profit Director
426
09/27/19 at 2:14PM UTC
Usually in the case of termination for performance reasons, unemployment is not available to the terminated employee. However it is up to the company to protest the claim and prove that not only was the termination for cause (performance), but that the employer gave enough opportunity for improvement. This statement in the performance warning is probably something they have been advised to include in order to show that they have done their best to inform the employee of the consequences of poor performance. However, I've never seen it before...
When I worked in HR, I would always let people know the point of the warning was to allow the opportunity to improve the performance. The goal (in my opinion) is a productive employee, not a termination.
Anonymous
09/27/19 at 5PM UTC
Thank you for your insight I started receiving write up shorty after I told them I was pregnant I’ve been advised to go to the eeoc but I’m so new I know this will leave a bad taste in everyone’s mouth.
Gillianne HetrickHR Manager & Non-Profit Director
426
09/27/19 at 10:27PM UTC
EEOC claims are simple to file, can be done online. I suggest knowing your goal- is it to retain your job, to have the company get a wake up call, or to file suit for mistreatment? (Or anything in between?)
glmiller
14
09/26/19 at 7:35PM UTC (Edited)
I was temporarily laid off from a job in Oregon due to a low volume of work. I received no compensation from my employer but I did file for, and receive, unemployment benefits from Oregon. Because of the uncertainty of return, I procured another job quite quickly though my start-date was 2 weeks into the future. During those 2 weeks I was called back to my original job. I declined and was threatened by my original employer that he could terminate my unemployment benefits immediately upon his decision to end my lay-off. He was extremely annoyed. I forwarded the threat to unemployment (he wrote it in an e-mail) and they were incensed at the threat, and they clearly informed me that my eligibility to continue on the program was their decision, not his. I continued on it until my new job started.
A threat of such magnitude and outside the scope of the employer's authority portends a problem beyond a simple performance problem, but not necessarily with you. I would look to the person making such a statement as they appear to be reining in extra forces to intimidate you. I do not see this as informing you of consequences beyond their authority over decisions made by the government unemployment board. Perhaps they are intimidating you into not considering filing or contesting a termination decision.
Their behavior is unethical at the least and a legal deception at most.
A legal deception is when someone, knowing (or should have known) the truth, feeds you information that is not true to sway your actions, and you take it as truth and rely on it. And that reliance turns out to your detriment.
Good Luck to you,
Anonymous
09/26/19 at 8:08PM UTC
My point exactly. It said loss of unemployment benefits. The star determines that. I just was taken back by that statement I’ve received unemployment before and never saw that such statement.
Anonymous
09/26/19 at 3:46PM UTC
The employer can contest the unemployment claim, but even so, in most states, you can appeal either the state’s determination and/or an employer objection. The state unemployment office will then likely have a hearing (usually by phone) where you can call witnesses, if necessary, and even retain legal counsel. I would suggest contacting an attorney in your state who specializes in unemployment and ask if such a stipulation in your write-up is binding or if it simply means that your employer will contest am unemployment claim. As explained, if it is the latter, you will be able to appeal. Good luck!
Anonymous
09/27/19 at 2:08AM UTC
Thank you!
User deleted comment on 09/26/19 at 3:45PM UTC
Anonymous
09/26/19 at 3:20PM UTC
I read in my state that the unemployment office determines all eligibility And performance issues relative to not a good fit or errors you still can receive unemployment I’ve never seen it written in a write up when ultimately the Dol determines this. It was just interesting to me.
Lady PeleRetired Project Manager
3.96k
09/26/19 at 3:05PM UTC
In my state (Michigan), in order to qualify for unemployment benefits:
1. You must be unemployed through no fault of your own, as defined by Michigan law.
2. You must have earned at least a minimum amount in wages before you were unemployed.
3. You must be able and available to work, and you must be actively seeking employment.
So in Michigan, if you are terminated due to performance issues, you don't match point #1 of the qualifications. I don't see anything to prevent an employer from sharing that as they are trying to emphasize the consequences of not improving performance to a specific standard.
glmiller
14
09/26/19 at 7:46PM UTC (Edited)
I was temporarily laid off from a job in Oregon due to a low volume of work. I received no compensation from my employer but, I did file for, and receive, unemployment benefits from Oregon. Because of the uncertainty of return, I procured another job quite quickly though my start-date was 2 weeks into the future. During those 2 weeks I was called back to my original job. I declined and was threatened by my original employer that he could terminate my unemployment benefits immediately upon his decision to end my lay-off. He was extremely annoyed. I forwarded the threat to unemployment (he wrote it in an e-mail) and they were incensed at the threat, and they clearly informed me that my eligibility to continue on the program was their decision, not his. I continued on it until my new job started.
A threat of such magnitude and outside the scope of the employer's authority portends a problem beyond a simple performance problem, but not necessarily with you. I would look to the person (or company) making such a statement as they appear to be reining in extra forces to intimidate you. I do not see this as informing you of consequences as this is beyond their authority over decisions made by the government unemployment board. Perhaps they are intimidating you into not considering filing or contesting a termination decision.
Their behavior is unethical at the least and a legal deception at most.
A legal deception is when someone, knowing (or should have known) the truth, feeds you information that is not true to sway your actions, and you take it as truth and rely on it. And that reliance turns out to your detriment.
Good Luck to you,
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