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Termination for performance

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  • Termination for performance

    Is there anywhere (other than hiring a lawyer) to find out what this means in terms of being eligible for unemployment benefits? I was terminated for performance (as were 2 others on the same day). I have heard that employers are using this in order to aviod increased unemployment taxes.

    I know I can file an appeal if denied, but I would like to know what is the standard or rule that ESA uses?

    "Potentially eligible claimants must have become unemployed through no fault of their own."
    Last edited by steven99; 02-19-2009, 05:31 PM.

  • #2
    It is exceedingly rare that an employee who is fired for performance reason is denied unemployment. Unless the employer is able to provide clear and convincing evidence that the employee COULD have performed to standard and deliberately did not do so, poor performance is seldom if ever a disqualifier for benefits.

    So if there really are any employers out there who are terming for performance reasons in the belief that they will not be charged for the UI (as opposed to you listening to a rumor that has no basis in truth) those employers are in for a nasty surprise.

    But you don't need a lawyer, or even a message board, to find out. All you need to do is file for benefits.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.