I was let go for performance as “we were not able to fully utilize you on projects” —- so was I laid off or fired?

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Posting as :
works at
You are currently posting as works at

Laid off unless they said otherwise. The differentiation is legal and affects severance and unemployment - otherwise irrelevant.

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It cannot be separation for performance and not fight unemployment. Also cannot be performance and eligible for rehire.

It's a bit of a gray area to be honest.

One of the biggest indicators of poor performance is that no one wants to staff you.

That said, if the bench is just way too big and you're at a disadvantage as far as getting staffed (eg, new hire with no network, experience on related projects but not on the specific type of projects that they're selling), then there are some mitigating circumstances.

Fired but you should get severance regardless so who cares

Not if they’re in US. No severance mandated in US.

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How long have you been with the company?

What was your performance like? How was the scatterplot?

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Should I get this clarified? They offered severance, said they wouldn’t fight unemployment and said I’m eligible for re-hire but said it’s “separation based on your performance and ability to keep you utilized on projects”

If you’re eligible for rehire then you weren’t fired. On the other hand the industry is crazy busy right now and for the most part firms are trying to avoid layoffs since they are understaffed. I would ask for some honest feedback so you can pivot and remain employed when the market isn’t as hot.

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Fired really. Laid off are technically temporary. It is unlikely that they will treat your case as "fired for cause" and fight your UI claim.

Laid off absolutely does not mean temporary

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