http://www.hrtechnews.com/employee-fired-for-offensive-e-mails-challenges-companys-policy/ HRMS, Internet Monitoring, Payroll Software, Time and Attendance, and more Thu, 04 Aug 2011 15:58:56 +0000 hourly 1 http://wordpress.org/?v=abc http://www.hrtechnews.com/employee-fired-for-offensive-e-mails-challenges-companys-policy/comment-page-1/#comment-5906 Joel Brilliant Tue, 03 Mar 2009 21:25:19 +0000 http://www.hrtechnews.com/?p=933#comment-5906 I dealt with a similar issue, but the rules were very clearly written. The initial claim was denied, but the employee appealed and the ALJ took the employees side...that the placement of pornography on a shared drive was unintentional. I took this to the state appeals board and won. One state agency fights against harassing environment while another looks for any justification to pay out an unemployment claim. They conflict and drive employers crazy. You must differentiate. The state UI claim process is managed to pay out as much as possible to justify their existence. Don't try to find logic in their decisions. Wrongful termination is more based upon law, so logic is more prevalent there. I dealt with a similar issue, but the rules were very clearly written. The initial claim was denied, but the employee appealed and the ALJ took the employees side…that the placement of pornography on a shared drive was unintentional. I took this to the state appeals board and won. One state agency fights against harassing environment while another looks for any justification to pay out an unemployment claim. They conflict and drive employers crazy.
You must differentiate. The state UI claim process is managed to pay out as much as possible to justify their existence. Don’t try to find logic in their decisions.
Wrongful termination is more based upon law, so logic is more prevalent there.

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