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misusing company's time?

Six months prior to being let go, my performance at slipped due to personal issues (new baby and divorce). Even though I tried my hardest to keep my focus, I had a supervisor that was trying to undermine my work. While trying to figure out whether I should stay on at this job or look for something, I was fired. The president of the company said they were letting me go for sending 10 instant messages in an hour while at work. Even though I told the boss that I was doing work while instant messaging, I understand her point that company time is company time whether it's a few mintues or couple of hours. Since it seemed as though "my heart wasn't in my work" she thought it best to let me go.

Can I still file for unemployment since it was only me and not the other employees I was IM'ing that was fired?


You certainly can try .. by using the tact that the other employee wasn't fired too.

But you were the one who was probably on a final written warning .. correct?

I don't get a good feeling for your chances of collecting if the employer documented well.

Employer's do have the right to expect us to work .. while they are paying us to work. It is an obligation reasonably owed to the employer.

If they pay us and we don't provide them with their money's worth .. it's considered harming their interest.

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Mmisusing company's time - Part 2
by: Anonymous

No there was no written warning given - just a verbal conversation that I needed to try harder. Does it make a difference whether it was written or verbal? I also understand that the president was worried that I might take legal action against her since she did in fact fire me and not the other person. Does this help my case?


It may, but if I were you I'd pull out the employee handbook and check to see what the progressive disciplinary procedures are.

Did they follow it?

Your violation is what I would consider to be a "rule violation" vs. a "policy violation" such as attendance or dress code.

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