Employer is eliminating my job. Will I be eligible for unemployment?

In June, I was handed a Performance Improvement Plan which was supposed to be reviewed 30 days later. Now, they are asking me to sign a letter stating that they haven't seen the desired level of improvement. The next paragraph states they've decided to eliminate my position and split the duties among an existing Controller and a entry-level Accountant. Will I be eligible for benefits since, regardless of how hard I tried, my position will no longer exist?

1 answer  |  asked Aug 23, 2016 2:39 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
A layoff for lack of work or elimination of your position qualifies you for unemployment compensation benefits. A discharge for failure to reach a desired level of improvement opens the door to a disqualifying reason, discharge for poor performance. Therefore, the two paragraphs conflict as far as unemployment compensation eligibility is concerned.

If they are going to lay you off, ask them to remove the first paragraph (PIP and improvement) before you sign. If they refuse, consider consulting with an employment lawyer regarding the particulars of the PIP and how it could affect your unemployment.

posted by Neil Klingshirn  |  Aug 24, 2016 06:54 AM [EST]

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