After three years at a job I really can't stand (it's sales which is okay, but the paperwork makes me miserable), I am on the road to getting fired. I probably have a few weeks to a month before that happens officially.

I know that if I get fired I may be able to collect unemployment. I also understand that if I quit before that happens, because I am "unable to perform the job" I may still be able to collect.

Anyone have advice on which of these is preferable? My employer said they never reveal to other companies whether a former employee was fired, so my record is not a concern. Just wondering how to maximize my chances of getting some unemployment benefit while I look for something else...

Please correct me if I am wrong in my above understandings. Thanks!

Diane

Diane, I was in Sales for 12+ years and I KNOW what you're talking about.

If you have ADD/ADHD, I would notify HR that you have it and ask them if they can suggest a method to make your job more pleasurable or find you suitable work in another area of the company.

This way, you may find something else in the company that you've given the past 3 years....and if not, you made the attempt to resolve the situation and have also notified them about your ADD which gives you certain rights and protections under the federal Americans with Disabilities Act. (ADA).

I had a position as a Sales Manager and was in your same position nearly 7 years ago. I wish I had notified them of my ADD, which was REALLY affecting my performance at the time due to side effects of new meds, then things might have gone differently for me.

They can't by law say if you were fired or make any comment about your performance while you were employed there. Thats not just a company thing thats an everywhere thing so don't worry about that. All they can legally give out is the dates you worked there and your pay rate.

As for the unemployment quite honestly I would wait and get fired. The unable to perform job or any kind of disablity claim is hard to prove and win. Even if you are successful it will take a lot of time before you see any money because they will fight you on it at first. This is the American government you'll be dealing with remember they don't offer assistance even to the needy without a fight.

My suggestion since you are sure you are going to be fired is to sit tight, take it easy and use the time you have left to search for a new job.

Oh and not possitive but pretty sure that you have to declare your disability when you are hired if you want to use any rights or privaliges under the ADA.

diane273-
How a company responds to giving references is up to the company, not dictated by law. The fear of being sued is what drives most companies to do nothing more than verify the length of time that you were employed by them and your pay. It is becoming more and more common for negative references to be given. I have had this happen and I also just heard someone do this at work. Proving a negative (and in my case false) allegation is virtually impossible.

If you know your company's policy is to keep quiet, I would wait to be fired. It is your current employer that has the ability to fight you on your unemployment. If you have put forth any effort on the job you will be able to draw, and it sounds as if you could use some time off. Beware though, the amount is just a bit more than minimum wage!

Also, if you work with anyone you trust, start networking. It really helps you to land on your feet faster.

Hang in there and good luck!

Diane,
Where you live, is it common practice to put your reason for leaving a job in your resume? Are prospective employers allowed to ask if you've ever been fired?

They can't by law say if you were fired or make any comment about your performance while you were employed there. Thats not just a company thing thats an everywhere thing so don't worry about that. All they can legally give out is the dates you worked there and your pay rate.

This is not true. Companies tend not to disclose any additional information about employees due to fear of getting sued by the employees over a bad reference. There is no law that prohibits giving references, good or bad.


Oh and not possitive but pretty sure that you have to declare your disability when you are hired if you want to use any rights or privaliges under the ADA.
This is also not true. As soon as you disclose a disability to an employer, you are entitled to reasonable accommodation under the ADA.

The down side to all of this is that the company may still fire you after disclosing your ADD. All they will have to do is accumulate a paper trail of every minor infraction, and then use it to justify the firing. If you believe you've been discriminated against because of disability, you do have the right to sue, but employers win literally 95% of these types of cases.

I think this is the best advice given so far:


If you have ADD/ADHD, I would notify HR that you have it and ask them if they can suggest a method to make your job more pleasurable or find you suitable work in another area of the company.

This way, you may find something else in the company that you've given the past 3 years....and if not, you made the attempt to resolve the situation and have also notified them about your ADD which gives you certain rights and protections under the federal Americans with Disabilities Act. (ADA).
Maybe instead of changing careers there's a better way for you to stay where you are being more productive, happier, and therefore bettering the company. Plus you won't have to deal with unemployment offices. Collecting unemployment although relatively easy, is not always worth it. I just went through the processes myself, and after paperwork (lots of it too:rolleyes: , lol) I only qualified for a little bit. It was enough for not working, but not enough to pay the bills. So make sure you keep in mind that they only give you a percentage of what you make now. Unless there is NO option for your current job, try talking to someone there that can help. Or start looking for another job.

--Pigeon

P.S. I know not all unemployments are the same, but none give you the equivelent pay you are currently making.

Diana, why do you think you're going to get fired?

Thanks all for the informative and positive replies.

To offer a little more background, I met with my HR manager shortly before I posted that question. I had gone to her wanting to discuss problems I've been having lately. I also at that time disclosed my ADD (only to HR) in an attempt to explain certain issues. I think my disclosure was too little too late, as I found out in this same meeting that my boss has already talked to HR about possibly letting me go.

I have applied for other positions in the company, but nothing has worked out (was the 2nd best candidate for one job, didn't have the right experience for others, etc.)

Bottom line is there is nothing for me there. I am too burned out to continue to try to make my current position work (I've probably been trying for a year now). I think I need to learn my lessons and move on...

If I get fired before I find another job and resign, that might be okay. Maybe I need a kick in the pants to get me moving in the right direction. I have been thinking about starting my own business for some time now, and if I have even a small income from unemployment while I'm trying to get something off the ground, it would help.

Thanks again everyone!
Diane

This is not true. Companies tend not to disclose any additional information about employees due to fear of getting sued by the employees over a bad reference. There is no law that prohibits giving references, good or bad.

Wow thanks for the info. I had actually always been told by the people in HR that it was against the law to disclose that information. They told me thats why a lot of applications have a question in the references section asking whether they may contact your current/previous employer. If you say yes then they can legally ask about job performance but if you check no they can only get the basic employment dates and payrate.

I've heard the same thing at several companies so I just assumed that the information was accurate. Anyway sorry about giving you bad info. I should have checked it out on my own before passing on the information. Hope everything works out.