Legal Question in Employment Law in New York

I have an unemployment hearing scheduled for denied benefits.

What had happened was I was fired from a large corporation for breaking the code of conduct. After something happened at work, I went home and out of frustration, posted a comment on my facebook page about the situation and my opinion of the company. I agree that I broke the code of conduct by publically speaking down about the company that employed me....however, after I got what I needed off my chest, and woke up the next day I realized that posting that comment on a public forum could result in consequences. Therefore I removed the comment....it was maybe on for 12 hours max. The following day, I was fired. I tried to tell my boss that the comment had been removed the day before when I realized it was wrong and he said it was too late. The most I thought would happen would get yelled at and warned about what it could cause in the future if it happened again. One of the most frustrating things about the situation was that other employees of the company responded to my comments, talking down about the company as well, but they only received a warning about their behavior. Because I had been with the company for 4 years and never had issues like this previously, shouldn't I have been warned and shouldn't me addressing the issue by deleting the comment been acknowledged?

Anyone have any comments on how I can handle this at the hearing to benefit my side of the case?


Asked on 3/30/10, 7:37 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

I can represent you at the hearing if you are in the Long Island /New York City area.This should not preclude you from receiving benefits, unless you did something illegal, or intentionally against the company's interest. If you would like me to represent you, contact me at [email protected]

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Answered on 4/05/10, 7:19 am


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