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outofwork · Newbie Joined: 20 Sep 2009 Posts: 2 Career Advice: +0/-0

One day I was called into a meeting and was told that I was no longer needed. The reason was “company going into a different direction and that the new manager was a better fit over me”. Cut and dry, that’s it, done and done, nothing else.

Okay - applied for unemployment benefits and was met with resistance from my former employer. They said I was let go for misconduct. I was not let go because of this. I was let go on the first of the month (exact date and month changed for anonymity). I have a formal letter stating of the separation and nothing in it states misconduct. I faxed it to the Labor Dept. case worker. I won. I have been receiving benefits for about a few months now.

I received a letter from the Labor Dept with a bunch of copies of “stuff” and the letter stated my former employer is contesting my benefits and has copies of “misconduct”. The main argument is that I helped a friend with PC problems while on company time.

Simple question: They let me go for one thing, “new manager a better fit”, no formal warning on any misconduct until 3 days later they looked over my laptop and found the “misconduct” 3 emails of me helping my friend get his printer back online (yea that’s what I did).

Will my benefits be stopped and will I have to repay all if?? I have been looking for a job since day 1 of my unemployment. Yes I am getting a lawyer and fighting this.

Thank you for taking a moment to read the above.

OOW

Pauloz · Posted: Sun Sep 20, 2009 6:10 am Post subject:

outofwork

We can't give legal advice, but it looks like they've already shot themselves in the foot over this:

Why wasn't the alleged "misconduct" part of the conditions of termination?
Why has this matter only now emerged?
If these matters extend back over time, why didn't they take action previously?
What injury, if any, did the company incur as a result of this "misconduct"?

Since when is helping someone with a printer problem a form of misconduct? On that basis, 50% of the workforce is guilty of misconduct at some point in time. If that's a precedent, they'll have to review every second unemployment case they've ever had. Again, what harm did this do the company, and on what basis is it a form of misconduct? Do they want their email charges back?

That just doesn't look viable as a basis for challenging your benefits. It looks more like vexatious litigation than any form of substantial claim.

I can say with absolute certainty as a personal opinion that getting out of that nuthouse may turn out to be the best thing that's ever happened to your career. If that's the "new direction", and they have time to go digging around in laptops for spurious evidence of misconduct, which would have cost them more than the original emails, you'd be better off tossing burgers than working for them.

Use of company computers for personal purposes is at best a technical breach of terms of employment. To qualify as a breach, it should be explicitly included in your contract, and it should also be a standard guideline throughout the organization, to prove you aren't being singled out. In this case it's bean counting ad absurdum. UC may decide it's too trivial to consider, but you may want to make the point that there was no prior mention of any issues regarding your computer usage. If this is the sort of employer who does regular monitoring of things like that, they need to explain why the matter wasn't previously raised, and why it wasn't part of your termination.

outofwork · Newbie Joined: 20 Sep 2009 Posts: 2 Career Advice: +0/-0

Thank you Pauloz for the comments. You are spot on with your observations. I will seek legal advice and will let you all know what happens.

Best regards,

OOW

Levie · Newbie Joined: 24 Sep 2009 Posts: 4 Career Advice: +0/-0

outofwork

First of all, sorry about your work loss.

I would have to agree with Paul.

I work as a litigation paralegal in an insurance defense firm (for experience-not because I like defending insurance companies ) I can't give you legal advice either but as Paul stated your employer needs to have a good reason to support the misconduct and from what I am seeing they invented this AFTER you filed for unemployment. I am hearing from attorneys that work the cases at the firm that the Unemployment offices are being more lenient than ever because of the excuses that the employers are using to duck paying the benefits. So I would seek the advice of an attorney and I really wouldn't worry about the route of needing to repay or loose them right now. I also have yet to see unemployment benefits being cut off without a telephone hearing and evidence to support the employers claim.

Take care and good luck...

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