Who won this case? Employee was moonlighting on office computer
Filed under: Employee computer use, In this week's e-newsletter, Latest News & Views
An employee stays after hours to do work for another business on her office computer. Can she legally be fired? Read the facts of this real life case and decide – Who won?
The facts: A company heard rumors that one of its employees had been moonlighting for another company, using her office computer to do the work. The IT department looked at the woman’s computer files and found that it was true. The woman was fired. She sued for wrongful termination, claiming that the extra work was done after hours, and what she did with her own time was her business.
The employer said: It was their business because she was using a company-owned computer. There was a written policy against using the technology for personal reasons, and other employers had been fired for similar violations.
Who won the case?
Answer: The employer
Why: The company’s policy was legitimate, and IT’s investigation of the woman’s computer files proved that she was clearly in violation of it.
Also, having consistently dealt with technology use problems in the past helped the company’s defense.
