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At the time of my hiring I was not presented a handbook nor any documentation regarding company protocol. I was however advised of shift hours, responsibilities and the allowed (2) ten minute breaks, along with (1) thirty minute lunch that was able to be taken at our desks.

During that time, I used the internet to check personal email, read the news, and view my bank account. It was apparent that others knew of this, as I was not hiding anything. Never had I deleted my browsing history in the entire five months of my employment with the Company.
I also used the internet to research for claimants, such as which prescription drugs were covered under Walmart’s $4 prescription plan, finding them a free clinic to be seen at, and where their local welfare office was located. The Company also serviced homeless claimants, in which case it was necessary to locate a relative. I also advised the claimants, using mapquest, on the driving directions.

I was discharged for the use of the Internet, under the pretense that due to the amount of work needed to be done I was going to be let go. I was never given a warning, nor had it been brought to my attention. Had I been advised that was against company protocol, the usage of the internet would have ceased. I was not allowed to explain that I used the internet for personal use during my unpaid thirty minute lunch period, or that I gave additional information to claimants as I was speaking with them.

I was handed a print-out of the sites that had been visited, and asked to leave. This occurance took place Wednesday, September 17, 2008 at aprroxamatley 3pm. I was advised by the President that my check would be mailed to me on the next payday, September 26, 2008.

One day prior to being terminated, all employees we told to handle only intake, and contact claimants regarding the Company’s services. I followed as directed, completed what was given and asked for additional work. That day, I completed 127 casenotes. My productivity was never checked, nor talked about when I was terminated.

I guess I’m concerned because technically it was misconduct, but I was never given a warning or advised not to use the internet. but it was on my lunch break. I’m wondering if my benefits will still continue after the interview. Are interviews a pretty common thing?

ps i loved my job, i really did.

do you think this is wrongful termination, even though Illinois is an “at-will” state ??

This is was answered by :
Jordyn :
it is wrong legally. if you have yet to file your claim for EDD wait till they call you and explain to them what happened. typically the way that policy works (not using internet for personal use) they give you a form for you to sign reading the policy and you're signing agreeing that you understand and will follow the guidelines according to Co. if they failed to give you that form they can not fire you for something they did not make you aware of from the beginning. seriously, that is wrong and illegal for them to do. I would definitively let EDD know this when they call you. they will start by asking you why were you terminated? you can then explain to them in detail. they will call the Co. and verify the info. you should not be denied your benefits. now, if you were thinking about suing them…..that you would def have a case! as long as you did not sign anything where it states you will not use the computer for personal use. even if it's at will job, they still need to have a legitimate reason for them to let you go. however, as far as you and getting benefits while you're not working, you should be fine. good luck!