I was fired for checking time on my phone.

I work const. and we were told we could check time w/ phone but no communications. I was checking time when site superintendant walked up to me and asked how I was doing. I responded good, how are you? He walked away w no response. Next thing I know my gf (who later on that month got fired) told me I had to go. So its gonna be my word( that I was checking my time) against the site supers word(which he didn't know what I was doing) he didn't ask. We were told in orientation we could carry our phones to check time. Everyone did. Wrong place wrong time. I really need this unemployment. What do you think? Have I got a chance?

1 answer  |  asked Feb 5, 2015 3:38 PM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron
You give a good description of why you were fired and your defense but you say nothing about where you are in the IDES process. That is critical information. If you have just now rec'd a "determination" that says you are ineligible, you are in good shape. You want to go to the next step, which is a "Referee" hearing. This is not a DIY project. Find a lawyer to file the appeal for you and to represent you during the appeal. Be careful, you do not need simply an "Employment" or "Labor" lawyer. You need somebody who does IDES cases regularly. There are only about 15 of us south of I-80.

You have very strict timelines so get on this immediately.

Section 602 disqualifies on "misconduct" but that word does not mean what it means in any other context. Essentially you must have violated a rule after a warning AND harmed the employer by doing so.

If this was State Road Motor Fuel project your activities were probably filmed.

These hearings are done on the phone but the paper work has to be correct and prompt so get busy finding the correct lawyer.

Tony Cameron
Quincy

posted by Anthony Cameron  |  Feb 5, 2015 4:09 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?