Can I claim unemployment in Pennsylvania if I was terminated because my sales volume was deemed insufficient

Asked over 2 years ago - Pittsburgh, PA

I worked in automobile sales but was terminated because my sales volume was deemed insufficient. I was previously told that I needed to improve my numbers, but did not receive formal warning that if I did not improve I would be terminated.

Attorney answers (4)

  1. Laura Kaye Robbins

    Contributor Level 10

    3

    Lawyers agree

    Answered . Definitely! If you were let go, your employer would have to demonstrate you committed 'willful misconduct' in order to have you denied for benefits for that reason. Good luck!

  2. Timothy Patrick Brennan

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . Generally there would been to be some type of purposeful action by the employee, as opposed to negligence or action which are beyond the control of the employee.

    To show "willful misconduct," it is the burden of the employer to show an act of wanton or willful disregard of the employer’s interests, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employee’s duties and obligations to the employer.

    The employer must show a serious disregard of that interest or that employee was or should have been conscious that his actions were inimical to the employers interests. However, employee negligence is not sufficient.


    Timothy P. Brennan, Esq.
    Croslis & Brennan Law Offices
    2030 Tilghman Street, Suite 203
    Allentown, PA 18104
    tbrennan@croslislaw.com
    1-877-927-5846
    www.winningrepresentation.com

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the States of Pennsylvania and New Jersey. Responses are based solely on Pennsylvania law unless stated otherwise.

  3. Henry Yampolsky

    Contributor Level 5

    1

    Lawyer agrees

    Answered . Assuming that you worked for your employer for at least 14 weeks before you were terminated, you should be eligible for unemployment compensation benefits. You would not be able to get UC benefits only if your employer proved that you engaged in willful misconduct (i.e. violated a well-known rule or policy of the employer, acted with malice towards the employer or were grossly negligent) or if there was evidence that you voluntarily quit your job.

    While I am an attorney, I am not your attorney. Thus, any information provided herein is for general information... more
  4. Steven Alan Fink

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should definitely file for unemployment. Poor sales are not cause for denying benefits although they certainly are reason to terminate an at will employee.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more

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