internet usage

[siadahl]

What is the name of your state? GA
I live in GA but i had to apply for UI benefits in NYC. I was fired and given no explanation. I had a satisfactory evaluation which I received the day I was terminated. when I applied for benefits the company said i was fired for misconduct due to excessive internet usage. But as employess we were also told that we could use the internet. Now I have been reading up on some UI laws for NYc on misconduct and it states that to prove misconduct it would have to be beond what a reasonable person would do and it would have to show where it hurt my job performance or the company. It did neither in fact they were happy with my work and said I went above and beyond. is it possible that I can be denied benefits for misconduct and should I send in a copy of my evaluation and separation notice that says nop reason given for the termination to help my chances of getting benefits. I have already waited over 6 weeks and no decision has been made.

 

[Beth3]

is it possible that I can be denied benefits for misconduct Yes, it's possible. While most employers allow incidental usage of company email and the internet, excessive use could be considered misconduct. If you accessed inappropriate websites (sexually explicit sites, sites that promote racial hatred, violence, etc.) then it almost certainly would be considered misconduct.

should I send in a copy of my evaluation No. That's just not pertinent to the decision or the reason you were fired.

separation notice that says nop reason given for the termination to help my chances of getting benefits. Again, that is not pertinent to the UC decision.

I have already waited over 6 weeks and no decision has been made. I imagine the delay is due to the fact that you're dealing with two States. (I don't understand why it is you're living in Georgia but applied for UC benefits in NY.)

Now I have been reading up on some UI laws for NYc on misconduct and it states that to prove misconduct it would have to be beond what a reasonable person would do and it would have to show where it hurt my job performance or the company If you spent excessive time on the internet when you should have been working, then that is not in your employer's best interests (which is, in part, the definition of misconduct.)

 

[siadahl]

thank u for the information, I am applying in NY for benefits because I have not lived and worked in GA long enough to have accumulated quarters to receive benefits from GA, my last job was in NY with in the last year, I do have one more question what is considered excessive, if there is no guideline then can't the company say if u check your email every day once a day that is excessive or whatever they choose to decide because there are no guidelines. I did not access any sexual or sites that would be excessive .

 

[siadahl]

internet woes

ny
I still have not heard anything from NY UI regarding and acceptence or denial of benefits. it has been 7 weeks now. I am worried because when i applied for ui benefits in 04 i did not receive a check till feb and i received no letter or correspondence saying yay or nay. Is it possible that with it taking so long they are having a hard time deciding if my internet usage was misconduct or was within the guidelines that the company set. i figured if it was a firm no i would have heard by now

 

[cbg]

What is excessive is up to the employer. For some companies, you could be on as long as you liked as long as you got your work done. For other companies, checking your personal e-mail once a day is excessive. They have no legal obligation to EVER allow you non-work-related internet usage. If your employer says it's excessive, it's excessive as far as your termination is concerned. What type of sites you access is irrelevent - the fact that you did not access sex or porn sites does NOT mean the company can't call it excessive.

I imagine the reason it's taking so long is that you are no longer a resident of NY. BTW, in my state, a completely straightforward case in which the employer is not contesting benefits and there is no question of the employee's eligibility will still take four weeks minimum.