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    newmommy618's Avatar
    newmommy618 Posts: 1, Reputation: 1
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    #1

    Sep 19, 2008, 05:05 AM
    Unemployment benefits rights
    I was laid off for unsatifacory work performance. Will I be able to collect unemployment benefits? I was pregnant at the time and admit that I was not performing up to my level. I was sick every night and during the day. I was pushing myself to make the hour and half commute every day and never took any sick days off. I was exhaused all the time and admittedly made mistakes. My boss had stated that I seemed "distracted" during my pregnancy. I was laid off after the period of disability. My question is I have an interview with a benefis claims adjuster will any of this information help or hurt my chances of getting unemployment benefits?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 19, 2008, 05:31 AM
    Being laid off while you are pregnant seems to me to be unsatisfactory in that it sounds like discrimination. In Ontario if one is laid off, unemployment benefits kick in within two weeks. If you leave your employ, one must wait six weeks to collect.

    I would explain everything to the adjuster when you go to your interview and ask him about the discrmination issue. I don't think you will have any problem collecting your benefits.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Sep 19, 2008, 07:58 AM
    Quote Originally Posted by newmommy618
    I was laid off for unsatifacory work performance. Will I be able to collect unemployment benefits? I was pregnant at the time and admit that I was not performing up to my level. I was sick every night and during the day. I was pushing myself to make the hour and half commute every day and never took any sick days off. I was exhaused all the time and admittedly made mistakes. My boss had stated that I seemed "distracted" during my pregnancy. I was laid off after the period of disability. My question is I have an interview with a benefis claims adjuster will any of this information help or hurt my chances of getting unemployment benefits?

    In most States - if you are in the US - you cannot collect if you are fired for cause, such as unsatisfactory work performance.

    In NYS - my experience - the reason for the poor work performance does not carry a lot of weight. Employers paying a salary expect the job to be done. If you cannot perform your duties due to a medical condition, then you are expected to file for disability benefits until you can perform your duties.

    If you were fired in a discriminatory manner for going on disability, if there is a pattern of firing pregnant women, if you can PROVE this is the case, then you can collect.
    JuliaPenny's Avatar
    JuliaPenny Posts: 9, Reputation: 2
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    #4

    Sep 26, 2008, 11:43 PM
    I would recommend that you contact your DOL State Office to find out your rights with regard to unemployment benefits as eligibility for unemployment insurance, benefit amounts and the length of time benefits are available are determined by the State law.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 27, 2008, 08:08 AM

    Hello, in the US there is no "right" there is unemployment insurance managed by the state and required of most employers.

    Each state has specific rules of when you can or when you can't get the unemployment.

    In the US there are several things, 1. you have to be available to work, 2. and you have to be able to work ( physically able) 3. and you have to be looking for work.

    In most you can not be fired for cause ( a reason)

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