Legal Question in Employment Law in California
unemployment
Could I file for unemployemt if I am fired for ''unauthorized use of internet'' I had checked my email at work w/o getting prior auth. from managment. I was fired without a written warning because I signed a waiver in 2002 stating I would not use world wide web w/o permission. Waiver says that use of internet could result in writen suspesion leading up to termination. Since I never received a written notice is there anything I can do?
2 Answers from Attorneys
Re: unemployment
You definitely should file for unemployment. The employer may fight you for it by claiming you were fired for "misconduct", which is grounds for denying benefits, but that decision is up to the EDD. Generally, misconduct must be an act which is very serious and does harm to the company. From what you say, I don't think this falls within the definition of misconduct.
If, for some reason, you are initially denied the benefits, you can appeal the decision and have a chance to be heard before an administrative law judge who will make an independant decision whether you should get your benefits. The appeal period is only 20 days, so make sure you do it timely, if necessary. Good luck.
Re: unemployment
Misconduct firings and resignation are grounds for denial of EDD. If the company says 'performance', you can collect. If they say 'misconduct' you won't. The law does not require notices.
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