I was discharged from my job and it was documented as performence failure. In my exit interview the HR rep. said I could collect unemployment and stated that the company would not fight my claim. Does this mean they will give me unemployment?

The employer does not have the ability to give you or not give you unemployment. That right is solely reserved for the state.

However, (1) performance issues rarely result in unemployment being withheld and (2) the employer has said they will not contest, which means that when the UI office contacts them, they will not object to benefits being granted.

What this boils down to is, while ONLY the state can give you an iron-clad guarantee, the likelihood is that you will be able to receive unemployment.

Generally, you will get unemployment unless you quit without good cause or are fired for misconduct.

Not performing to company expectations is not misconduct unless the company can prove that you simply won't do what is required. Cannot do is not misconduct.

I was discharged from my job and it was documented as performence failure. In my exit interview the HR rep. said I could collect unemployment and stated that the company would not fight my claim. Does this mean they will give me unemployment?
H.R lied at the exit interview thats not unusual,the state makes the determination of eligibility. The only way it is not in dispute is laid off. Performance failure could be viewed as fired.
JoeC

Where did they lie Joe? They said they would not dispute any claim. This was not a lie.

Where did they lie Joe? They said they would not dispute any claim. This was not a lie.
You may be correct panther but half the truth is as a good as lie. They counted on the employees naivety. Don't be so sure they wont dispute the claim if it is denied,and appeal is filed. Poster you defiantly want to appeal the decision if it is adverse.
JoeC

It is far from uncommon to tell a discharged employee that the company will not contest UC, particularly if the termination is for performance reasons. I think you are looking for problems where none exists. It certainly isn't in any way deceptive or taking advantage to tell an employee that you won't appeal an award. No employer can promise that the employee will be awarded in the first place simply because it is not their decision to make. That would be a lie.

And if the employer says they won't contest employment, and in fact do not, where's the lie?

Your kiding right?
In my exit interview the HR rep. said I could collect unemployment and stated that the company would not fight my claim.
How can the O.P collect uneployment insurace if discharged from job and it was documented as performence failure. Unless the failure was the companys. Which is what the O.P should argue,since it is so vague.
"You can collect unemploymet dont worry we are fireing you,your eligible trust us". Only a used car salesman would think thats not a lie.
JoeC

Most of those who are fired for performance reasons are eligible for UC. It is very rare that anyone is disqualified on that basis. In fact, it is hard to challenge the award sucessfully even if the company was so inclined.

I have never contested a claim for performance reasons; nor has any HR manager I know of. Nor have I ever had an employee discharged for performance reasons, refused unemployment by the state.

So I ask again, where is the lie?

Performance failure could be viewed as fired.


Of course it is fired, but that won't disqualify the employee from getting unmployment benefits.

Rather than accuse the company of lying when it says it won't fight the claim, just wait to see what the initial determination is (and why, if the claim is denied).