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Ratings. Guidance. The Right Lawyer.
Should I appeal?
South Beloit, IL
Viewed 8 times.
Posted about 1 month ago in Employment / Labor
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I was terminated from a bank where I was a PC Tech. I filed for unemployment benefits, and have received a notice that I am ineligible. The notice I received states that I was terminated for "innapropriate use of the company email systems". However, I feel my termination was unfair due to the fact that I've never been written up for that or any other behavior offense, and that there are at least three other employees who were given written warnings for the same offense at the same time as my termination. I was never issued any performance or behavior warnings. I don't think that it was fair to fire me for the same offense as the other employees were issued written warnings for. Should I appeal my unemployment benefits eligibility, or let it go?
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How can the employer fire me, but just write up the others? If I had unlimited access to all the email records of the associates who received the written warnings, I'm sure our cases would be similar. If I had received a written warning, you can be sure I would have not repeated those actions again, but I was never given the opportunity. My last performance review was favorable, and included a higher than normal raise. I was never issued any performance or behavior warnings. I actually had a private meeting with my supervisor just four days before my termination, and he said nothing about my email usage or any other performance problems. Answers (1)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination.
If you do not have an employment contract or union to represent you, your recourse is limited. You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims" http://www.avvo.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer If you have a discrimination theory about hostile workplace conditions you'll need a lawyer. Check with a lawyer in your locale to discuss more of the details. As regards benefits, you can appeal but need to show that the termination was through no fault of your own. Get together the records that show what you wrote in the post. Good luck to you. God bless. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |
