If I was fired for a private message that I sent to a former employee while I was on break, am I still be eligible for unemployment?

UPDATED: Oct 1, 2022

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If I was fired for a private message that I sent to a former employee while I was on break, am I still be eligible for unemployment?

I was on break and was messaging a former employee about what happened with the Nurse and somehow the nurse got this message off of FB Messenger, not on face book, and called me in and toled me I am toxic to this company and terminated me. Everyone uses their cell phone, I work a 11 hour shift and I do deservce to sit down for 15 minutes. The rest of the staff use their cell phones and computers and the company itself calls and texts you on your cell phone and this is our private cell phone. I was wondering int he State of NH will I be denied unemployment

Asked on September 5, 2017 under Employment Labor Law, New Hampshire


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employee is eligible for unemployment benefits if they were separated from employment due to no fault of their own. Therefore,, if you were terminated for any reason other than a lack of work, the unemployment dpertment will review your case regarding eligibility. While, you may be eligible for unemployment benefits depending on why you were suspended, if the suspension was your fault then you will most likely be denied benefits. So, if your suspension resulted from misconduct or violation of a company policy then your actions caused the suspension, so you will be denied your claim.

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