nys unemployment claim

[mjm0415]

I was recently fired for cell phone use with my employer

I was discharged for employment in june 2016 for cell phone use at my job at wal-mart they had me sign a document that the reason for my dismissal was misconduct. i explained to them that i had just texted my mother had texted me quickly and i responded.nothing in their employee manual mentions dismissal for cell phone use not even a probational employee such as myself. it stated that a write up would only take place for the use of a cell phone. i challenged this at their corporate office and said that they fired me for misconduct which again their is no mention of this in the misconduct section of their manual. they quickly changed it and i am now rehireable. however i filed for unemployment during this time and was denied due to the reason i was let go. i have a phone hearing in a few days with a admin law judge to receive my benefits that have been on hold.however the issue is that i was texting on my cell but it want my mother. can the admin law judge request to look at my cell records? also when i filled out the paperwork to explain why i was fired to unemployment i mentioned that i believed it was job performance why i was let go and never mentioned my cell phone..walmart is not fighting this claim i was only employed their for two week my previous employers will be the ones used to receive my benefits. please help...thanks

 

[cbg]

If you aren't supposed to be using your cell phone at work, why do you believe the fact it was your mother that you were texting means it has to be overlooked?

 

[mjm0415]

If you aren't supposed to be using your cell phone at work, why do you believe the fact it was your mother that you were texting means it has to be overlooked?

are you a atty? the point is irregardless i was not supposed to be fired in the first place. only written up. and they changed their mind and now im rehireable

 

[justalayman]

are you a atty? the point is irregardless i was not supposed to be fired in the first place. only written up. and they changed their mind and now im rehireable

Oh well. They are not obligated to follow their manual but most employers have a section for probationary employees that allow discharge for any violation. Does Walmart have something like that in their handbook?

You are guilty of misconduct (no matter how you want to spin it, using a cell when not permitted is misconduct.)

 

[cbg]

The reason you believed it was all right to use your cell phone at work, even though it was against the rules, because it was your mother you were contacting could be relevant to your unemployment claim. But if you'd rather argue, that's all right with me. There are plenty of other questions I can answer, coming from people who will provide the information I request so that I can help them.

Have a good evening.

 

[Chyvan]

i was only employed their for two week my previous employers will be the ones used to receive my benefits.

Chances are that Walmart had nothing to do with your denial. When you quit a job to work a new one (Walmart), you have to work there long enough to purge a disqualification from previous employment, and two weeks just isn't enough. UI people don't want you quitting perfectly good jobs to work as Christmas help and then collecting benefits.

What did your determination say was the reason for your denial?

What's really most likely going to the issue at the hearing is why you quit your other job to work at Walmart. If the reason's not good enough, then your former employer isn't going to have to pay your claim.