Tips & info

Poor Performance or Misconduct? You Make the Call...

April 2005

Discharges for poor (or unsatisfactory) performance will not disqualify a claimant from unemployment benefits. Most states define poor performance as the inability to meet the organization's standards. The employer must prove misconduct (deliberate or willful violations of the employer's rules or standards) to disqualify a claimant from benefits. Confusion occurs when poor performance is erroneously used to explain all or most separations. Intentional violations of organization rules or standards should usually be reported as misconduct.

Keep in mind the following:

  • Using the correct terminology is key when protesting an unemployment claim.
  • Do not use the terms: poor performance, inability to meet standards, or inefficiency if discharged for a willful or deliberate violation of rules/standards.
  • Look to the cause of the "poor performance" in determining whether or not a discharge is for misconduct. For example, poor productivity caused by documented failure to follow instructions; excessive personal phone calls (after warnings); or lateness/absenteeism (within the employee's control) may be misconduct.
  • Be Descriptive when reporting a discharge to GatesMcDonald. Provide complete details with documentation.
  • If a new employee does not meet company standards because of poor performance, termination should occur as quickly as possible. This may minimize company exposure in an unemployment claim

This information is also available at all workshops provided by the Trust. For a listing of future workshops and locations, please visit the website at www.jointtrust.org. Click on the workshop button in the lower right corner of the site.