I’m about to be fired in CALIFORNIA from my sales job for poor performance. given the option to resign…what to do??

by kris

(california)

Hello, I am currently still employed as an outside sales rep in California. I have been there for 3 years and the first and second year, my performance was above assigned quota.

This year, the economy has resulted in an extremely lower sales performance. three months ago, I was given a performance warning. Sales are still down and I am now on a final warning with my employer for poor sales performance. They let me know that they will be firing me near the end of this month. I have actually already been replaced by a new associate and the new sales rep has already taken over my territory. I am still working and my employer just notified me that I can either be fired or resign and they will pay me normal pay for the next two weeks. I am still doing my job and willing to work…but it doesn’t seem like I have a choice. I was considering the resignation so that I don’t have a “termination” on my job history. If I resign under these conditions, will I still be eligible for unemployment benefits? please help!!

fyi..I do have a good relationship with my boss and she has already let me know that she will give me a good reference regardless of if I am fired or resign. I have been applying for jobs and nothing has worked out yet…I want to make sure that I can get unemployment benefits!!! please direct me. thanks so much.

Hi Kris,

When an employer tells a person that they may quit or be fired. I say be careful. Do you have any idea how many people opt for quitting and write a beautiful resignation letter telling how grateful they were to work with everyone…yada…yada, only to find that when they apply for unemployment benefits the employer turns around and submits the resignation letter to the state saying “The claimant quit for personal reasons”.

Everyone…pay attention! This is known as a quit in lieu of discharge and is considered being fired by the the state, no matter what the employer tells them.

My suggestion is always the same. If you decide to quit instead of being terminated (understandable because it looks better on a resume) make that resignation letter worthless to the employer to use in case they decide to protest any other way than VQLD.

The resignation letter should address the situation and any verbal agreement the employer has made to solicit your quitting. And of course you keep a copy.

When you file for unemployment you just tell them like it is. The employer offered you the opportunity to quit in lieu of being fired. And if I were you I’d try to get the recommendation letter at the same time.

Now, I do understand that your boss may be honorable and honestly feel bad about having to let you go, but there are probably more that think this is a sly strategy for avoiding having to pay unemployment…because a whole bunch of people think the first NO they get about unemployment is the last word or they view fighting for benefits as a form of burning bridges with their former employer.

Also know that you will not be able to file for benefits until the time the two weeks of dismissal pay is meant to cover has past.

I also suggest reading this page of the California eligibility guide to understand the differences between “neglect of duties” (which is misconduct) and “poor performance”.

Chris