Quit or get fired, and other employment questions in Indiana?

I signed a non-compete on my first day. Never received a copy of it. I have only been there 4 months with no black marks on my record (my boss just told me 2 weeks ago he liked my performance so far). A corporate person wants to fire me this week because I didn't "hit the ground running" in her eyes.

1. Should I quit or get fired?
2. If fired, can I collect unemployment with only 4 months behind me?
3. Can I ask for a copy of my file? Must they give it to me on the spot (so I can ensure nothing is added behind my back)?
4. Signed non-compete. In this economy (I'm trying to save my house) can they really keep me from making a living?

How does one get fired (I've never even been close to getting fired)? What do you do when you are, to safeguard yourself? I could quit tomorrow, but I want unemployment and I want my non-compete to be null and void if that's possible.

Thank you!!!

Janet P

The null and void on the non-compete will never happen. It should expire though, in about 5 years.

You will not be able to collect unemployment at all if you quit or are fired. If you are laid off you still will not be able to collect because you were not employed for the required 2 quarters (6 months). Businesses are allowed time to determine if they made a decent hire or not, otherwise it would be too expensive to get rid of dead beats.

You are not entitled to your file, it belongs to the company. However, you can read it, just not take a copy out with you.

michr

quit or fired has no bearing on qualifying for unemployment insurance it is always a matter of WHY the job was lost. if you quit you must prove you did everything a reasonable person would do to keep the job.

time on a particular job does not qualify you or disqualify you it is a matter of your earnings during the previous 15 months from all employment.

you can ask for a copy of your personnel file but in Indiana the file is the property of the employer and they do not have to provide you a copy unless subpoenaed.
payroll/time sheets information must be provided upon request.
Indiana does have a "blacklist law" which requires a potential employer provide to you (on request) a copy of any information they receive from a previous employer concerning your work history/performance. if at that time you find any errors or misstatement of facts you can pursue civil action.

non-compete clauses are generally unenforceable unless you deal with protected/proprietary information. even then the employer must be able to prove that you intend to use that information.

as noted earlier getting fired does not help you since if you give the employer "cause" to fire you then you will not qualify for UI.

if you are terminated and "misconduct" is not involved then you will qualify for UI (assuming you meet all the other criteria).

John K

Wait the situation out. You are entitled to see any and all information that is in your personnel file. Your employer must make available any documents that you've signed. If there are entries into your personnel file that indicate poor performance or other information about you that you were not aware of, you have the right to review it and explain (if necessary). Although it's a tough position to be in, make the employer decide whether to keep you or not, don't quit.

mailaccount63

If you quit, you WON'T be able to collect unemployment.

Look for another job - ASAP - quietly.

jenneyslinger

1) Get yourself fired. Show up late, call in sick often, basically become an unreliable employee. Remember though, you won't be able to use this company as a reference if you purposely get yourself fired.
2)You more than likely can collect unemployment but only for a short period (unless Indiana takes unemployment out up front...then you're golden!!)
3) Go in on Monday and request copies of everything in your personnel file. If this corporate person is out for you, then she may be adding to your review after you've signed it.
4) Worse case scenerio, they find out and sue you.

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