job performance?

by Ray

(Maine)

I was fired after nearly three years on the job. The reason I was given is that our customers complained about me. I was asked by the customer if we could cover a load for them (trucking company), and I told them I had no drivers but I would check with our partners and see. I checked with one, was told they had no drivers. I informed the customer that I was still looking, and he said nevermind, they have it covered.

I never had the impression from the customer or my employer that I had done anything wrong, until my boss called me in his office to terminate me.

I had one other issue prior to this, sort of the same thing, except I had tried to cover a load, but my boss said I was lying about trying to do that (he offered no evidence except for a conversation two weeks prior to the incident that was not related) and gave me a final warning.

I did not do anything intentionally. I am just confused. I had my interview with DOL already but I have not heard anything. I told them that if anything was done wrong, and I did not and do not believe I have done anything wrong or violated a non-written policy, but if it was the case then it was a mistake, completely unintentional.

I am just worried because as it is, I have lost my wife (before this happened), and I am losing my house and everything I own except for my car. If I do not get unemployment I really will be living on the streets.

Ray,

What I can tell you is that it’s not really a performance issue, but a misconduct due to customer complaints.

These aren’t real easy for an employer to sustain, but it happens often enough that you should be concerned.

The problem is that when an employer “submits” documentation .. it’s easier for the department to find in their favor .. simply because they have submitted documentation.

I hope you don’t have to endure an appeal hearing, but my experience tells me since you worked for a trucking company and they are notorious documentors and unemployment claim fighter .. you will end up at a hearing .. even if it’s due to an employer appeal.

Let me know when you get your determination and what it says.

Comments for job performance?

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Can you be fired for Job performance

by: Tracy

Can you be fired for a job performance if you have been diagnosed with chronic migraines and the employer knows that you are a suffer and was suffering at the time of the alligation? And still be denied for unemployment?

in Missouri

Please, if you read these Q&A’s the question isn’t can an employer fire you for something you don’t think measures up to being denied unemployment, but should they of fired you for the allegation .. whatever that might of been.

Getting unemployment after you’ve been fired isn’t about finding the right excuse to fit the bill .. it’s about proving to the UI dept why you’re not guilty of intentional work related misconduct .. if that requires you to bring in medical documentation that shows your brain wasn’t functioning on all cylinders when you allegedly acted with wanton disregard .. or just simple willful disregard of the employers interest .. then do so.

Talk about a migraine.

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Hearsay

by: Robin

All I can tell you is customer complaints are usually hearsay unless the customer who complained or another witness who actually was present at the alleged incident attends the hearing, which isn’t bloody likely.
What you must do, if you choose to pursue your unemployment hearing without an attorney, is to object to anything your employer attempts to enter into the record which is considered hearsay.
Once you have done this, simply testify honestly as to the facts of the case and expect the judge/referee to be fair. Remember that the person attending the hearing usually has no firsthand knowlege of the alleged incident that caused your termination, and cannot testify as to what “John Doe” told him… that’s hearsay.

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Shift Leader

by: Debinga

I have recently been fired for customer complaints as well. In fact 3 in a 3 year period. One for not making a customer’s sandwich correctly. I am trying to collect unemployment, but my former employer is not wanting me to collect. My other 2 complaints were because he would not allow us to take coupons as other franchises were taking them and therefore customers would complain. I had been employeed there for 3 years and no other employee has been fired for this as all have received complaints…How should I handle this? I am waiting on a hearing date.

I would think it is clear as to how you would handle this .. How can you control the complaints of customers which your employer choose to fire you for is it was in fact your employer that mandated and required you not to take coupons that precipitated the complaints.

How can that be misconduct?

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Customer complaints are not always misconduct!

by: Robin

I was also fired due to a “customer complaint.” Working as a supervisor in a retirement home. The daughter of a newly admitted resident approached me while I was eating my dinner, and said the maintainence man had forgotten to get her a cable for the resident’s TV.
I replied that I was eating and as soon as I was finished, I would be happy to get the requested cable for her. She said “no hurry,” but kept standing there. I might add the place where I was was not a public area, and we are not allowed to have non-employees loitering in the area for confidentiality reasons. I asked her if there was anything else I could do for her and she said no. Then I repeated that I would get the cable for her when I was finished. When I finished eating I got the cable and sent it back to the resident’s room.
I was fired due to this complaint. The woman lied about what I said to her. I appealed the decision and won benefits because it was found not to be willful misconduct.