Unemployment Question

BehrDawg

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Jan 21, 2010
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"we ain't got no money cause we built this huge fine *** building on I-220 and we have a fat *** mortgage payment to make"
 

hotdigitydog

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May 21, 2007
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def. coordinator......Being stupid and incompetent isn't misconduct, so to answer your question, "yes", Tyrone will draw $235/week.......
 

BehrDawg

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Jan 21, 2010
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Of written goals and expectations that are not met which ensue him being fired, then no, he will not collect unemployment.
 

muddawgs33

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Aug 28, 2007
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The person fired would have to file for unemployment and then the business they were fired from would be notified and if the business didn't object, then the person fired would receive unemployment. If the business they were fired from did object, then the unemployment dept. would schedule a phone hearing and both sides would give the reason why they deserve/don't deserve unemployment and a arbitrator would decide if the person would receive unemployment. But yeah 95% of the time, if you get fired, you got fired for a good reason and aren't getting unemployment.
 

hotdigitydog

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May 21, 2007
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the employee, the employer must prove there was some type of misconduct (as defined by Wheeler v Arriola) on the employees behalf.........Trust me folks, I know what I'm talking about here.......If the employer fails to prove "misconduct", the employee draws.......
 

BehrDawg

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Jan 21, 2010
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He was placed on PIP, or Performance improvement plan (medical device sales). He was given in writing his goals and expectations and they gave him one quarter to obtain them. He did not meet those goals and was terminated. He was denied his unemployment benefits and even appealed the decision and was turned down again. The state can build a multi-million dollar building but won't pay benefits to the people who have paid in to it. It's a crock of ****.
 

hotdigitydog

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May 21, 2007
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consistently meet those goals then he could very well be denied, as he had previously shown he could meet his employers expectations..........However, had he never met those expecations, then there should be no misconduct and he should be allowed.....I would appeal the original decision......If denied it would then go to the board of review, which is usually just a formality to uphold the referee's decision......Last resort would be seek legal counsel.......
 

BehrDawg

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Jan 21, 2010
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It never was a big producer. He brought in revenue, just not enough. He was there for 18 months and just never got it rolling, but then again, no one has.
 

hotdigitydog

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May 21, 2007
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employer was asking him to improve before I could give you any other specific information and how it ascertains to the decision the State made regarding his eligibility for benefits.....Did the plan have tangible goals that could be measured(i.e. number of customers to call/contact, hours to work, etc.)????? If it was based specifically on sales dollars and he did not meet the sales quota, that in and of itself is not enough to prove misconduct, again unless he had shown the ability to do so and then for some reason or the other could not do it again orconsistently.....Either way, something is awry......Just off the cuff here, I see no misconduct so there has to be something I am missing......At this juncture I would appeal it to the board of review (if he hasn't already done so)....There are time limitations on filing that appeal so he may be too late to do so..........BTW, one more thing I would like to interject here is that no employee in the State of MS pays anything in for unemployment.......In Mississippi that tax is strictly levied on the employer.....In some states, the tax is levied on the employee........