Can I receive unemployment if I was fired for work performance?

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Can I receive unemployment if I was fired for work performance?

I was fired from my job for work performance after 4 years of employment. Every goal that I was to get was nothing less than 100%. For the past 4 years my supervisor (a female) found it necessary to call me Boobs, tell me I needed to buy better bras and tell me my **** were pointy. I went into work one day and requested a meeting with the manager because I was going to file a complaint against her. I had had enough. She went to the manager before I had my meeting. They had called me over to the manager’s office and told me I was fired due to work performance.

Asked on August 9, 2011 Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF the company claims that you were fired "for cause"--something like insubordination, violation of work rules, excessive absenteeism, theft of company resources or services, etc.--you would not be eligible for unemployment. Typically, simply being let go because you're not working out or not performing at the expected level would not rise to that level.

More importantly, you may have a claim for either sex-based discrimination (based on the comments about your body parts) or for illegal retaliation (based on possibly being fired because you were making a complaint about illegal sex-based harassment or discrimiantion; companies can't fire you for complaining or filing a claim). You should discuss this with an employment attorney.


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