I was employed for 4.5 years, had 1 write up for using instant messenger for mostly personal use. Stopped doing that, then was suspended a year later for using the instant messenger too much for business use (asking business related questions). They wanted me to write a commitment letter to let them know how I was going to change my ways and I refused because the policy never states you can't use the messenger system for business purposes. I refused to write the commitment letter and was terminated due to insubordination. I was also on FMLA during this time due to stress migraines from them. The terminated my ability to work from home as part of my suspension too leading to me missing more hours of work and using up my FMLA faster. Any help on this would be appreciated. Thanks!
Sorry .. I think you're toast. Given the information you provided .. I can only think of a good argument for the employer
But you might try researching the issue