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Got fired for unknown reason - now getting unemployment benefits denied -

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halfceo

Member
Got fired for using HOTMAIL - unemployment denied under a different reason???

What is the name of your state (only U.S. law)? IL - I got fired about 1 month ago.

I was an IT guy for the company.

I was told I am getting let go for using my private email (hotmail) at work too much. Although I was about to argue - I figured it would be useless - cut my losses and left. I applied for unemployment benefits and got a letter saying the employer is disputing. When unemployment case worker called she said i got fired for looking at porn! - I looked through all my emails and I have 2-3 emails from my boss (on a daily basis) from (the owner of the company) over a 3 year period with pornographic spam email. I usually went on the website and unsubscribed his email from the site. I have all of this documented in emails and even pictures received from the owner of the company. The unemployment has been dragging along - do I have any right in contacting a lawyer??? I feel I got fired for BS reason - but furthermore I am getting denied benefits for doing my job???? - Any advice would help - Thanks.
 
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Beth3

Senior Member
Sure, you can have a lawyer represent you at a UC hearing but that will likely be an unnecessary expense. The UC appeals process is set up so that attorneys are not necessary.

I trust you appealed the initial decision and filed for a hearing. At the hearing, the burden of proof will be on your employer to demonstrate that you were viewing porn at work. Present the copies of the emails as evidence that the emails were forwarded from the company president (who it appears forwarded them to you to see if you could do something about the nasty spam he was receiving.)
 

xylene

Senior Member
You were an at will employee. The employer felt you were looking at pornography, and reported this as a reason for termination to the appropriate agency. However, they also told you they were firing you for using your work e-mail for personal use, which would also count as termination for cause with a resultant loss of unemployment benefits. Also, consider that the company is not responsible for unemployment benefits, but some state agency is, and there's usually a law that receipt of benefits is at the reasonable discretion of the agency.

It seems doubtful that you have a case. And, even if you did, it wouldn't be worth pursuing - you'd spend more on a lawyer for an iffy case than the unemployment is worth to you.
The employer is not allowed to cherry pick the cause... as a law STUDENT you should know that.
 

halfceo

Member
Thanks for the reply's. This is actually all done over the phone in IL up to this point.

There has been no decision made as of yet - I just got a letter saying "we have had a question arise in your case", we will call you on "...." and ask you some questions. After I got the call, I was told that I was browsing porn, and that was the reason for my discharge.

I said that is crazy (and it was my job to unsubscribe all spam), pills, fake watches, porn and whatever you can imagine. And I was told the employer will provide documentation to support their claim.

The employer and the case worker dont know I have these emails in my possesion. I have about 60-70 of these emails, spanning a 3 month period, all including porn pics and website, I had to get rid off, under direction of Company owner - I will wait to hear from the case worker in order to let her know about all these emails that I have printer out already.

No point in taking this any further then this??? - Legally wise?
 

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