I was fired by my recently appointed (eff. Jan' 11) direct supervisor on 4/25/11 due to "failing to meet performance expectation" even though I was not given any prior written warning or placed on any progressive disciplinary plan. It should be noted that in the previous 6 years of employment with the same company, my performance has always been annually evaluated as having met, if not exceed, job expectations with my all previous direct supervisors. I have submitted a charge to the EEOC on suspected discriminiatory actions by my newest direct supervisor since I was not given the proper notification of job under performance nor given the opportunity to improve my performance via Performance Improvement Plan (PIP), both of which are outlined within company HR policies. In the meantime, I have filed for UI benefits which was subsequently denied due to I was terminated for "failure to perform work acceptably when capable of doing so". I plan on appealing denial but am wondering what are my chances that appeal is accepted. Is it contigent on the ruling from the EEOC?
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The UI folks will make their own decision based on their information. All you can
do is appeal & tell the truth. There's no way we can know whether you will win
the appeal or not. It's the state's decision.
Good luck.Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia
Live in peace with animals. Animals bring love to our hearts and warmth to our souls.
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Originally posted by mnguyen View PostI have submitted a charge to the EEOC on suspected discriminiatory actions by my newest direct supervisor since I was not given the proper notification of job under performance nor given the opportunity to improve my performance via Performance Improvement Plan (PIP), both of which are outlined within company HR policies.
Beyond that, I might be wrong but I think the key is not so much the company policies as it is the precdent they have set and how they have acted before. Have employees been terminated without having a PIP or been given notification.
The burden is on you to prove that the actions were discriminatory and thereby illegal based on a protected characteristic.
Originally posted by mnguyen View PostIn the meantime, I have filed for UI benefits which was subsequently denied due to I was terminated for "failure to perform work acceptably when capable of doing so". I plan on appealing denial but am wondering what are my chances that appeal is accepted. Is it contigent on the ruling from the EEOC?
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Originally posted by RRPayroll View PostTexas is not my state, but that strikes me as an odd reason for UI to be denied. If terminated, the only reason if gross misconduct/being terminated with cause. In this case, it sounds like they just did not find the quality of your work to be sufficient.
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The EEOC and unemployment benefits have nothing to do with each other.
I have submitted a charge to the EEOC on suspected discriminiatory actions by my newest direct supervisor since I was not given the proper notification of job under performance nor given the opportunity to improve my performance via Performance Improvement Plan (PIP), both of which are outlined within company HR policies.
To prevail with the EEOC, you will need to provide satisfactory evidence not just that company policies were violated (it is not illegal for a company to violate its own policies and neither performance appraisals nor PIPs are required by law) but that they were violated in your case SPECIFICALLY because of your race, religion, national origin, or other characteristic protected by Federal law.
To prevail in the UI claim, you will need to provide satisfactory evidence that you did your job to the best of your abilities and did not deliberately do poor work (since that is what the employer seems to have believed and provided enough evidence of to have benefits denied).
The two are not dependent on each other and in fact will never touch.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.
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Agree UI has nothing to do with the EEOC - as I said in my first post, the UI
decision is based on their own information. (not an EEOC decision)Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia
Live in peace with animals. Animals bring love to our hearts and warmth to our souls.
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