One reason/Then another

[Picabo]

I was recently let go because the company that I work for was 'supposedly sold' and my job was going to be covered by the wife of the person buying it. I was given two weeks notice. This was on a Friday. On Sunday, I received a call from my employer that he wanted to come over to my house. He came. He had packed up my office and told me I was done effective immediately. He had gone into my computer and onto my email and had found that I had done some personal e-mailing during company time. There was never anything said about personal e-mailing and he knew I was getting the e-mail, I never hid that fact. I was always at work and always had my work done. He says I wasted company time and now is fighting my unemployment. Can he give me one reason (the sale of the company) and then find something else to try and fight unemployment? I am in WI so what laws apply. Since there were no guidelines about personal phone calls and e-mails can he use this?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Personal phone calls and emails especially are a very sticky subject. I would think that unless your employer specifically made it known whether verbally or in the policy of the company handbook, then as long as it was not taking an unreasonable amount of time away from your work, then it would be allowed. Most employers allow such personal stuff as long as it doesn't risk liability for the company (email stuff like cyberstalking) or phone calls to new employers.

If I were you, I would speak with an employment labor law attorney in your state. This attorney should have extensive experience in: state employment law, EEOC (equal employment opportunity commission) rules; fair labor standards act. If your attorney finds a good claim for wrongful termination, I would pursue it.

Hope this helps.

 

[Picabo]

Thanks for writing back. I'm not looking for a wrongful termination lawsuit. The sale of the company is actually happening. What I am more concerned about is the fact that he let me go because of the sale, then two days later proceeded to go into my computer and go through my email to find a reason to dispute my ability to get unemployment. I now have a hearing with the unemployment office on Wednesday. I was never told to stop the personal e-mails and the phone calls were very limited. I just want the unemployment so that I can have something to fall back on while I look for a job.