Can this deny me unemployment insurances? Is the company being sneaky?
May 26, 2012 8:24 AM Subscribe
May be let go for sales performance, company wrote "general misconduct for not achieving monthly target"...is this a play on words to deny me unemployment insurance?
posted by Wazooga to Work & Money (17 answers total)
I have worked for 8 months at my present position, which is a high stress sales environment, but cannot keep up with my sales targets and have been placed on probation.
The manager explained stated there's concern over my figures not being a certain standard over the last few months. He explained that he believe its because I am not passionate about my position but feels I can turn this around if I choose. However, then he contracted himself and stated that it's not about my sales figures (that I'm on probation) but rather that I do not have passion for the job and they are concerned over the long term. He ended it off by telling me, that he leaves it up to me to decide and based on how I act that will show them what I decided.
My concern is that the company is trying to spin this around and deny me unemployment benefits (State of New York) by making it seem that I chose to not work there based on how I acted; thereby, denying my claim.
First of all, I work hard during my normal hours of operation 830-530 and put in maximum effort, but I do not stay overtime like everyone else, even when my figures are falling behind. I do not have any benefits, nor do I get paid for overtime, so I do not feel a compulsion to do this (this is why they think I do not care). My performance, in terms of number of opportunities opened a day, is measurable through SalesForce and shows my effort along.
Does the community think they can deny me claims over this? Should I speak to HR and have my letter of probation rephrased from conduct to performance (even if the letter already contradicts itself) Or is that event already because of the reason it gave "not achieving monthly target"
P.S. I have recorded this conversation with my boss.