Fired With No Warning

[mqueen]

Good Day,

I was terminated from my employment in Georgia because my computer got a virus. Yes I went on the Internet to search for a rebate from JC Penney's and I guess the virus automatically attached itself automatically to my computer and turned off the anti virus also. So my termination notices states "Inappropriate usage of company computer. Non-work related site on company time with virus protection turned off and downloaded virus." There was no inappropriate usage.

Now it seems that my unemployment may be in jeopardy because of this. However, as I informed the DOL, everyone in the office uses the Internet and many have gotten viruses on their computer and they weren't terminated. I didn't even receive a warning, just terminated.

The employee manual states "Personal use of the Internet should not adversely affect the business, by the time spent surfing the Internet, the types of information accessed, and the resources expended downloading or printing files." It also states that "Employees caught misusing the Internet or violating policy will be subject to discipline.

I understand that Georgia is an "At Will" state; however, I am concerned that I won't get my unemployment and that I was treated unfairly.

I am also wondering if I have an EEOC case and on what grounds, as their choices are very narrow.

 

[jacksgal]

There is nothing you can do your firing was not unlawful. You can certainly talk toa Lawyer expect any Lawyer willing to take your case to want a hefty retainer upfront. DOL or EEOC will not touch this

 

[T_tops]

Sounds open and shut.

 

[miaucasey]

If other people are violating the same policy but not being disciplined in the same manner or outright terminated like you that raises an eyebrow.

 

[jacksgal]

Yes but its not illegal

 

[miaucasey]

That's crazy is it because an employee is an at-will employee? Isn't there some instances where employers are not able to terminate an employee at will including discharges that violate the "good faith and fair" dealing principle - meaning decisions must be made on a fair basis and employees who are similarly situated should be treated in the same manner. I was reading a legal article that was stating that employers may be liable more than they think even if they believe they can just fire employers because of the at-will doctrine - there were a few circumstances in the article that if met didn't allow and employer to terminate an employee on the basis of being an at-will employee.

 

[jacksgal]

Wrongful Terminations in general fall into these groups mostly

. Termination violates law
. Termination violates cba or employment contract

 

[miaucasey]

That makes sense seeing that's all you really hear about. Employees don't really have a lot of rights do they? It seems like they should have more and there needs to be legal reform in this area in my opinion at least.

I think the good faith and fair dealing cases usually only involve only highly offensive or abusive discharges (i.e: to avoid paying a sales commission, refusing to become romantically involved with a supervisor, or for publicizing or alleging wrongdoing on the part of the employer) those were some of the examples given in the article. They also talked about discharges that violated public policy (i.e: whistleblowing,filing a worker's compensation claim, refusing to perform unsafe/unethical activities on behalf of the employer), Fraud and Negligent Misrepresentation, Discharges that violate a breach of contract (expressed or implied), Intention Inflection of Emotional Distress..it was an interesting article at any rate..

Sad that employees don't have more rights and all the rights are given to the employer.

 

[Green_Hornet]

That's crazy is it because an employee is an at-will employee? Isn't there some instances where employers are not able to terminate an employee at will including discharges that violate the "good faith and fair" dealing principle - meaning decisions must be made on a fair basis and employees who are similarly situated should be treated in the same manner. I was reading a legal article that was stating that employers may be liable more than they think even if they believe they can just fire employers because of the at-will doctrine - there were a few circumstances in the article that if met didn't allow and employer to terminate an employee on the basis of being an at-will employee.

There are states that recognize "good faith and fair dealing" in employment Georgia is not one of them. You should be able to qualify for unemployment at the appeal stage. So I would not give up on it. Georgia and most Southern states have abominable employment and labor laws.