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Question about Unemployment Appeal Hearing Tomorrow

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  • Question about Unemployment Appeal Hearing Tomorrow

    Can I be denied benefits for not making sales quota and getting terminated through no fault of my own?

    I was let go along with two other reps on the same day. That was 50% of the sales entire division. The morning I was let go, I was told by my boss that we were not needed for 2009 strategic planning. They never mentioned that I was being fired for not reaching revenue quota. Prior to being let go--I was never on verbal or written probation for not meeting sales goals.

    Tomorrow I have a hearing with the Colorado Department of Labor and Unemployment to appeal their decision to deny granting me unemployment benefits. Their decision was based on my former employer saying that I was fired for not meeting sales quota.

  • #2
    And the commission agreed with the employer? Or is this the hearing on the employer's protest?

    Generally speaking, "failure to perform" is not a disqualifying reason for UI benefits.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I applied for the benefits a few days after I was let go.

      Then I heard back from the commission that said it was determined that I made aware of the employer's exepectations and did not comploy. That I was responsible fot the separation and a disqualifications were being imposed.

      I sent them a letter saying that the Employer failed to give formal warning in writing or verbally, making me aware of an exact amount of revenue that I needed to sell in order to save my job.

      The commission is hearing my appeal of their decision to disqualify my benefits.

      Does that answer your question?

      Comment


      • #4
        Yes, that answers the question. Good luck on your appeal. We can't say whether you will be approved for benefits or not because we don't make the decision. However, generally not being able to perform up to expectations/meet quota isn't a reason to deny benefits when you did the best you could.
        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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        • #5
          does it matter if they gave me any warning or not? Like i mentioned earlier, I was never on any verbal or written probation for not meeting standards.

          or

          Does it matter that I was fired along with two other people? does that fact make any difference to the fact that I am saying that I was laid off and they are saying that they fired me due to lack of performance?

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          • #6
            Warnings or not, generally speaking, only intentional failure to perform is a disqualifying reason for benefits. This is what I would stress in your defense. "Not needed for strategic planning" implies that they just didn't need that many people doing your job.

            The fact that two other employees were terminated at the same time is irrelevant.

            The reason that there is a conference at all is because you and the employer provided different reasons for your termination to the commission.
            Last edited by Pattymd; 04-16-2009, 12:05 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thanks you all very much for your answers.

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              • #8
                You're welcome. Good luck.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  The reason that there is a conference at all is because you and the employer provided different reasons for your termination to the commission.

                  So there really isnt anything to argue about the warnings or probation?

                  So is it a good idea to just go in there and tell them "yes I did do poorly, but I did everything i could to hit my numbers...why am I not qualified for the benefits?"

                  I mean I knew I was doing poorly in November and December (we ran employment services and things REALLY slowed after the crash in October) but I was not feeling too worried about job security. I interpreted my boss saying that management understood that we were going through the worst economic downturn since the great depression and things would pick up now that we had a new administration. But without any warning, two weeks after the new year they let me and the others go.

                  Comment


                  • #10
                    sorry, I guess i just want to clearly understand what I should do tomorrow.

                    thanks again.

                    Comment


                    • #11
                      The fact that there weren't any warnings is only to your advantage. Again, however, "I did the best I was able to do" (and say how you did that) is probably where you want to go.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        I can say for certainty that in Colorado, unless the employer has written proof of warnings (verbal or otherwise) of your failure to meet a sales quota, the hearing will not go well for the employer.
                        Somedays you're the windshield and somedays you're the bug.

                        Comment

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