In Oregon, can you receive unemployment if fired for not hitting performance metrics? (such as call time/volume)

Asked almost 3 years ago - Portland, OR

I have been with a company for three years. My job performance is evaluated by how many calls I make, how long, I'm on the phone, the quality of my calls and other such factors.

Recently I received a warning that my performance is not meeting the company standard. (This standard has increased since I first started with the company).

If I am unable to turn things around and meet the necessary performance metrics, would I be eligible for unemployment compensation?

Thanks for your help!

Attorney answers (4)

  1. Kevin Elliott Parks

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . Yes, you would likely qualify for benefits, as that shouldn't disqualify you. When going through the initial consultation upon applying for benefits, you should simply explain to the OR Employment Department representative the details of your situation.

    It's possible that your employer may disagree and attempt to fight an award, which would involve an appeal to an Administrative Law Judge. Even then, however, without the existence of some misconduct or other cause for your termination, you would like retain the benefit award.

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  2. Scott T Cliff

    Contributor Level 5

    1

    Lawyer agrees

    Answered . In Oregon, benefits are generally denied at the application stage for one of two reasons: (1) the claimant voluntarily quit without good cause; or (2) the claimant was discharged for misconduct connected with work.

    In your case, the issue is whether failing to meet your employer's performance standards constituted "misconduct." Misconduct connected with work consists of a "willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee * * * or an act or series of actions that amount to a willful or wantonly negligent disregard of an employer's interest is misconduct."

    "[i]solated instances of poor judgment, good faith errors, unavoidable accidents, absences due to illness or other physical or mental disabilities, or mere inefficiency resulting from lack of job skills or experience are not misconduct."

    The issue in your case will likely depend on why you did not meet your performance standards. If you repeatedly failed to make the expected number of calls after being made aware of the employer's expectations, that could be deemed to be misconduct. On the other hand, if you tried as hard as you could and simply fell short due to lack of skill or experience, that should not disqualify you from receiving benefits.

    I hope that helps.

  3. David A Schuck

    Contributor Level 13

    Answered . Generally yes. Sometimes when it comes time to the hearing, employers come up with another reason. But definitely you should apply.

    Information is provided to assist the reader in forming questions and allow them to take full advantage of a... more
  4. Meghan Hayes Slack

    Contributor Level 16

    Answered . If you are terminated, there is a presumption that you are eligible for benefits. Your employer would have to show that you were at fault for your termination, meaning there was no misconduct on your behalf.

    Good luck.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client... more

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