Unemployment benefits - whether i would be eligible for unemployment benefits after PIP? - CiteHR
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Hi all, Need your help for the following issue. I have been working in a company as a sales representative for approx. 6 months.
while working and going Out for a sales meet i have met with an accident and was on medical leave for 2 months without Pay.
Currently my manager has put me under PIP after 1 week of my rejoining and is not helping me achieve the targets.
I am positively sure that i would be terminated on or before PIP.
Kindly help me in understanding whether i would be eligible for unemployment benefits after PIP.
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Hi Shashank,
If you have been put on PIP within 1 week of your joining back for duty, this would be illegal and you can challenge the PIP. A PIP or performance improvement plan can be activated only after adequate measures have been taken for highlighting the improvement areas to the employee repeatedly with verbal and written warnings provided before.
One week is definitely less to do all this. In fact on a deeper note, this becomes a case of constructive discharge of the employee on the basis of discrimination related to medical grounds. This can be proved easily in a labour court.
However, from the course of the details you have mentioned, it seems you have also made up your mind to move on. Please do correct me in case I am wrong. If it is a case where you would like to know whether you shall be getting any unemployment benefits post exit, it seems the PF withdrawal after 2 months of unemployment may be the only option. There is another option such as unemployment allowance, but there are conditions based on employment duration, education etc to check before proceeding.
HI,
Thank you for your response and appreciate the feed back.
I would like to know if there would be any consequences if I am resigning from the company and looking forward for another job.
I would also like to know whether i would be able to do the following
1. Serve my notice period with pay (OR)
2. Get paid without serving the notice period where in the company suggests me to leave at the earliest.
Thanks in advance and would appreciate any kind of answer.
Regards,
Shashank.
Hi Shashank,
It may be good to resign as a voluntary gesture and serve the entire notice period, so that the company in future cannot state that your exit formalities had not been completed.
Judging from the situation where within a week of returning from medical leave if a company decides to put a person on PIP, there is always the possibility of such types of allegations being put across.
If the company wants to waive off the notice period, please ensure this is take in writing and not just as a verbal confirmation.
Thank you nelsonthomas9102 for your support and your suggestions.
1 final question is that i am looking forward to pursue my career in a more technical background, so is it going to be problem that i am moving from a sales to a technical.
And what could be the best answer to a question in an further interview where in i would be asked why i left the company while having only a 6 months of experience and how to put it across for the next employer/Company so that they can understand that the previous company was not a good choice for me.
Regards,
Shashank.
(9502862247)
Hi Shashank,
I believe you are working in the software industry. If this is the case it is alright to move from sales to technical, it's only that you would be considered as a junior profile or fresher in the technical line. But down the line after you have gained experience on the technical aspects, your sales experience in requirements gathering and analysis or pre-sales support would help in client coordination. So the options seem good, though I have to admit that most of the time I have heard of people moving from technical to sales.
As for what to say in the interview, I am sorry my sight would be limited here. But in my opinion it would be good to state that due to medical reasons you could not continue on a sales role involving travel and had to discontinue your term. On the other hand, if you are about to start as a fresher in technical, then the sales experience need not be of relevance and so this experience need not be mentioned as eligible experience when applying for the technical job.
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