An appeals panel has ruled that an employer did not sufficiently prove that a worker’s allegedly excessive use of his company computer to “surf the Web” was suitable grounds for denial of unemployment benefits following his dismissal in 2010. The Appellate Division, Third Department, affirmed a finding by the Unemployment Insurance Appeal Board that Jay Osborne’s alleged misuse of the Internet was “unintentional” and that flaws in the firewall of his employer’s system probably led to excessive pop-ups, not Osborne’s accessing of prohibited sites.
The board ruled, and the Third Department affirmed in Matter of Osborne, 514803, that Osborne’s actions should not disqualify him from receiving unemployment benefits. Osborne was fired from Andrea Bunis Management Inc. in Manhattan because the company said he used his work computer for personal purposes in violation of its policy. Osborne countered that he was actually fired because he told an owner that he intended to sue Andrea Bunis because he could not get the company to address his computer complaints.
