Obtaining a favorable decision on an unemployment claim can be challenging. Certain separation reasons often prove more challenging than others, including discharges for unsatisfactory performance. In a previous post, we discussed challenges associated with attendance separations. Now, we tackle common challenges associated with performance discharges which include:
Missing Documentation
As with attendance – and any disciplinary separation – thorough documentation is also extremely important for an unsatisfactory performance discharge. In cases of unsatisfactory performance, detailed records of warnings and performance issues are essential. Without these comprehensive records, it becomes challenging to demonstrate that the employee was adequately informed of their poor performance and given opportunities to improve. Incomplete or missing documentation can severely weaken your case, often leading to unfavorable decisions.
No Firsthand Knowledge
Witnesses can help your case, but they must have first-hand knowledge relating to the separation. If an individual does not have first-hand knowledge, their testimony will be viewed as hearsay and may not be considered.
Inability vs. Misconduct
The most challenging part of claims associated with an unsatisfactory performance separation is distinguishing between inability and misconduct. This differentiator is critical as an employee genuinely unable to meet performance expectations despite their best efforts often results in the awarding of benefits to the individual. Employers must clearly demonstrate that the performance issues were due to a lack of effort or willful neglect, rather than a lack of ability, to obtain a favorable decision. Evidence is required to show that the employee’s performance issues were due to actions within their control and that they had the capability to meet the expectations set.
To learn more about how Thomas & Company can help you mount the strongest case for any separations – including challenging separations like unsatisfactory performance – contact us at [email protected] today!
