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Can I collect unemployment if I have been fired for "not wanting to be there", looking at another job online, and not having a strong productivity level.

by Amber
(Melbourne, FL)

I was fired for "not wanting to be at work" according to my boss. I looked at another job while at work but I was given permission prior to do anything I wanted to do online ie. news, facebook, myspace, school work if I needed to take breaks in between work. He also told me that my productivity level was down but I was working on a big project that he estimated would take me a week and I was up to a week and a half. Me and my boss had been best friends and in my opinion he just got his feelings hurt when he saw I had looked at another job online. He did not give me a warning and I totally did not see any of it coming. I believe it was an irrational decision. It happened back in May but I did not think I could try to collect unemployment for being fired. I have tried to find another job and have probably submitted about 100 applications but to no avail thus far. Should I pursue collecting unemployment at this point?

Hi Amber,

Certainly, you should try, but you realize the employer will most probably contest.

Since there doesn't appear to be any documentation such as prior warnings it will be a he said / she said situation. Unless an act of a person is so blatantly "misconduct" that it truly gives an employer no choice, but to fire you .. most states will want to know if you were made aware that your "offending behavior" would be grounds for termination if repeated.

It really comes down to who presents the best case and may require a hearing. Do you have an employee handbook with a progressive discipline policy? I'd start there.

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