Fired for Misconduct?

[cdace12]

What is the name of your state? NJ
I was recently fired from a job getting caught doing a personal document during regular business hours. I had one of those "fact finding interviews" claimed I was on break at the time. There is no company policy for breaks however smokers are allowed as much time as they desire and take as many as several breaks a day. I was only caught once with the document (that had to do with my part time Real Estate something I told my employer about but was never happy with) but I had been told verbally, no written warning (hard to prove). I have already been rejected by the NJ for Uemployment Benefits but I did not bring up discrimination as a non-smoker. Why are they allowed breaks but I can't have one at my desk and give a minute for a personal document I had been working on. What chance do I have of winning the appeal?

 

[Sockeye]

If it was in Washington State I'd say you'd have a decent chance, but unsure of New Jersey's DOL is.

Best to make the appeal and give it a shot, since they offer any write-up first and there wasn't a written policy saying you couldn't do it, you may have a chance.

 

[TamaraL]

Every place i've worked has had a very strict policy about not using company time or resources for a personal side business. Which if i'm reading your post correctly, seems to be what you were doing. Even if it was your break, if you used a computer for your document and the company has this same rule that would be a violation of it.

 

[cdace12]

"Even if it was your break, if you used a computer for your document and the company has this same rule that would be a violation of it".


The company has no written policy about being on the internet. All employees of the Company are allowed to surf the internet during thier lunch times and most employees do this. Besides the employer would if I am not mistaken have to prove this. I deleted all personal information that was on my computer before I left the Company. Since there was no written warning ever I think I have a good shot because the "burden of proof" is upon the employer to prove that I did what I did. Am I right?

 

[Beth3]

Yes, if your employer is contesting your eligibility for UC benefits, the burden of proof is on them to demonstrate that you engaged in willful misconduct.