Monday, February 28, 2011

INTERNET AT THE OFFICE - The New Best Way to Get Rid of Unwanted Employees



Surfing the Net at Work Will Get You Fired - and Could Cause You to be Denied Unemployment Compensation Benefits

We are seeing a major, major uptick in employees being terminated because they surfed the Internet at work.  Indeed, as the attached Article makes clear, monitoring Internet usage at work is the newest HR focus.

Why are employers doing this?

To get rid of employees they do not want anymore for (alleged) "legitimate, non-discriminatory, non-retaliatory" reasons.

Why do employers care about having a" legitimate, non-discriminatory, non-retaliatory" reason for firing an employee?

First, all employers nowadays have Internet policies that essentially forbid employees from using work computers to surf the Internet "for personal reasons."  So, if they can prove that the employee violated that rule, they can assert the employee engaged in "willful misconduct," and is therefore disqualified from getting unemployment compensation benefits.

Second, employers who have "legitimate, non-discriminatory" reasons for firing an employee have a much easier time defeating discrimination and retaliation claims.  It is easier to argue that discrimination or retaliation was not the root cause for the termination when a work rule was "clearly violated."

Being Fired for Using the Internet at Work Could be the Basis for a Discrimination Claim

Here is the problem for employers:

Not a Good "Legitimate, Non-Discriminatory" Reason: One of our favorite ways to prove that an employer was motivated by a discriminatory or retaliatory motive is to show that , even though the employer was aware that other people engaged in similar conduct, only my client was "singled out" and terminated.  Everyone surfs the Internet at work, it seems, so firing someone for that reason really makes it seem as though the employee was "singled out," thereby making it easier for employee-side attorneys like me to prove a discrimination or retaliation case by simply showing that "everyone does it, and the company knows it."

Not Strong Evidence of Willful Misconduct:  At unemployment hearings, Referees are seeing this reason come up so commonly that they are in many cases very suspicious as to whether it is the "true reason" for the termination.  This of course makes it easier to win the unemployment hearing.  Moreover, an employee will not be deemed to have engaged in willful misconduct by violating a work rule if the employee can demonstrate that the rule was never enforced (i.e. that everyone does it).  A little good, clear testimony can develop such evidence.

The bottom line?

The best advice is to stay off the Internet except on your lunch break.  Of course, stay away from pornography and the like, and you probably don't want to spend a great deal of time on a given site (such as your Fantasy Baseball site).  Also, understand that anything you say or do on the company's computer may be examined at any time by your employer.  If you follow all of these guidelines, and are nevertheless fired, you probably want to speak with a qualified employment lawyer about your unemployment claim, and maybe a lawsuit as well (if the facts suggest unlawful discrimination or retaliation were the "real reason" that you were fired).

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

Unemployment Appeal Hearings by Telephone in Pennsylvania - The New Norm - And Why You Want to Consider Hiring Legal Counsel

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

POOR PERFORMANCE IS NOT WILLFUL MISCONDUCT UNDER PENNSYLVANIA UNEMPLOYMENT LAW

I was Fired - What Should I Say on My Internet On Line Application for Pennsylvania Unemployment Benefits?

Should I Resign or Let Them Fire Me? What Happens If I Quit My Job?  What Rights Do I Lose If I Resign or Quit From My Job?

How Do I Complete an Application for Unemployment Benefits in Pennsylvania Via the Pandemic Portal If I am Self-Employed, an Independent Contractor or a Gig Worker?

 

What is My Base Year Under Pennsylvania's Unemployment Law?

HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees? 

I am an Employee Being Subjected to Age Discrimination in Pennsylvania - Do I Have a Case?  Pennsylvania Contingent Fee Age Discrimination Lawyers

I Need a Reasonable Accommodation in Pennsylvania - What Can I Do? Americans With Disabilities Act Lawyers

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer


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