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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Question about unemployment law and situation at work in

Customer Question

Question about unemployment law and situation at work in MAAsaachusstes
Submitted: 7 months ago.
Category: Employment Law
Expert:  Samuel II replied 7 months ago.


This is Samuel. Can you please provide a little detail, tell me what information you need in this regard - in other words, what is your question, please?

Customer: replied 7 months ago.
I have been with my employer for almost 5years and I'm in the position where I keep missing meetings, making mistakes, having internal confusion around things and now my boss has said to me he has to document. Just of late he says he has to write me up.If they fire me for things like that. Not turning assignments in on time , not getting along effectively with others internally which is critical for job, showing up late to meetings and not being organized. Will I still get unemployment if fired? What can i do now to help ensure other than not lose my job.Im going through a bad time in personal life and it's impacting my performance so trying to get a handle.
Customer: replied 7 months ago.
Plus I'm in sales and have only sold this year 25% of my quota so underperforming at that
Customer: replied 7 months ago.
Last 2years I met or exceed quota
Customer: replied 7 months ago.
I live in MA
Expert:  Samuel II replied 7 months ago.

Thank you.

I am sorry to hear of this matter.

Unfortunately, yes. You can be terminated for any reason that is not based on discrimination, as you are an "at will" employee. If you are terminated, I suggest while you can apply for unemployment, based on what you state here, it appears your employer has enough to show that you are not performing and can oppose your unemployment.

I suggest you consider talking to your employer and explain what the situation is with your personal life and request they try to work with you.

Expert:  Samuel II replied 7 months ago.

If you are not terminated based on your race, religion, age, gender, national origin or a disability, then unfortunately, you will have no legal recourse if you are terminated for the non performance as you are stating here.

Expert:  Samuel II replied 7 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Customer: replied 7 months ago.
Thanks. I know that but is there anything I can document that might sway the unemployment office to override unemployment benefits of company says no?
Expert:  Samuel II replied 7 months ago.

Only if you can document that you are being requested to do more work, or your responsibilities are different and your hours are different than everyone else because of a discrimination factor. Also, you might consider talking to your HR and if your personal problems are due to an illness or a sick family member, then you need to bring that to their attention.

Expert:  Samuel II replied 7 months ago.

I wish it was better news for you. But if you have personal problems, you should try to document that you discussed this with HR and tried to work out a solution.

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