Am I eligible for unemployment benefits in Virginia?
Find answers to your legal question.
Am I eligible for unemployment benefits in Virginia?
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I worked for the same sales company almost three years. They setup a new quota six months ago where you have to sell at least one new customer a week. This was tough for me to accomplish and as a result I got fired for not meeting the minimum quota. I filed for unemployment, but now I have received a notice saying there is an issue that has been raised concerning my eligibility for unemployment. On the notice it states "Whether or not you were discharged or suspended for misconduct". I lost my job because of a sales quota established by the company to try to weed people out. I didnt lose my job because I was involved in fraud or any misconduct. I have a hearing later this month to discuss the issue. Can my company use my sales quota to fire me and then turnaround and say I am not eligible for unemployment for misconduct? Sure I missed the quota but alot of other reps are going to get fired too for the same quota. I do not trust my former employer at all as the company is financially in trouble and I feel they are trying to deny having to pay out anything to me. The notice says I can hire an attorney. Should I hire an attorney? Will I get unemployment?
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Shane
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Your employer is an idi*t! Being let go because you did not meet a quota Does Not constitute misconduct under UI's definition. Misconduct is any of the following:
1 - Failure to follow company policies and procedures
2 - Excessive lateness/absences
3 - Violence
4 - Damage to company property (purposely)
5 - Personal use of company property (with a policy in place to this effect)
6 - Theft
Misconduct does not constitute a person's work performance since they are unable to measure nor will they measure what the employer expected insofar as work productivity. You do not need an attorney for this. Make sure you bring with you any proof you may have regarding your reason for termination. What you have is a constructive discharge. Meaning you were terminated without cause. Unfortunately as one person wrote and advised you to request a copy of what the company submitted. This will not be given to you nor in all of my years dealing with unemployment matters has it ever been submitted. What you can do is contact your UI investigator (you should have a name and phone number of someone you were dealing with prior to receiving the notice of the hearing.) If not contact your state UI office and get this information. That person will tell you Verbally what the company is contending. |
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Judy
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Not meeting a sales quota is not misconduct, and shouldn't result in denial of unemployment benefits. You can appeal the denial with or without an attorney
Good luck. |
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rma2ks
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go to the meeting and plea your case you don't have anything to loose only something to gain. Most company don't want to paid out don't bring up other empolyees because this is about your preformance not them. make sure that you can prove that you been on time and miss too many days etc., good luck |
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Djdoubt
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go to http://vaemploy.com it's the Va unemployment website shoud answer you question, you can send it via e-mal to the unemployment office near you. |
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hr4me
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Yes, the company can say you were fired "for cause" by not meeting the sales quota. No, you don't need to hire an attorney for an unemployment hearing. Call up the state and ask if you can receive a copy of the employers response form that the filed with them before the hearing. That way you know what they said about you and can be ready to defend any allegations they may have made about you. |
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