Legal Question in Employment Law in California

I was just recently discharged from my last employer for using the company email for personal use. The company does have a policy regarding the computer usage at work that can result in employment termination. Throughout my two plus years I worked for this company I had a good clean record. Just recently a current employee was suspended for not following company rules and he was allowed to go back. About a year ago another employee was warned for using the computer for personal use then she was discharged. Several employees use computer for personal use as well as upper management and human resources personel and they never got a warning or termination. As a result of this my unemployment benefits were denied. Is there a legal action that can be taken towards the company?


Asked on 2/09/10, 7:45 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Assume you were not really fired for using the company email for personal use. The question, then becomes, why did they really fire you? The answer to that question will determine whether or not you have a basis to make a wrongful termination claim.

If all you can do is prove they lied about the reason, you have no basis for a case. Most employers don't need a reason. They can fire at their will. If you can prove you were really fired for an unlawful reason, you may have a case.

As for unemployment, the employer must show you were fired for "misconduct". You should appeal the denial within the 20 appeal period and be prepared to tell your side of the story at the appeal hearing.

For a more in depth review of your case, you should consult with an experienced employment law attorney on your area.

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Answered on 2/15/10, 9:45 am


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