Judge: Web-Surfing Worker Can't Be Fired

[Sam]

This should prove of use and interest to more than a few people.
Their boss or comapany may not approve of it though.


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http://www.chron.com/disp/story.mpl/ap/fn/3814753.html


April 24, 2006, 8:13AM
Judge: Web-Surfing Worker Can't Be Fired
© 2006 The Associated Press

NEW YORK — Saying surfing the web is equivalent to reading a newspaper or talking on the phone, an administrative law judge has suggested that only a reprimand is appropriate as punishment for a city worker accused of failing to heed warnings to stay off the Internet.

Administrative Law Judge John Spooner reached his decision in the case of Toquir Choudhri, a 14-year veteran of the Department of Education who had been accused of ignoring supervisors who told him to stop browsing the Internet at work.

The ruling came after Mayor Michael Bloomberg fired a worker in the city's legislative office in Albany earlier this year after he saw the man playing a game of solitaire on his computer.

In his decision, Spooner wrote: "It should be observed that the Internet has become the modern equivalent of a telephone or a daily newspaper, providing a combination of communication and information that most employees use as frequently in their personal lives as for their work."

He added: "For this reason, city agencies permit workers to use a telephone for personal calls, so long as this does not interfere with their overall work performance. Many agencies apply the same standard to the use of the Internet for personal purposes."

Spooner dispensed the lightest possible punishment on Choudhri, a reprimand, after a search of Choudhri's computer files revealed he had visited several news and travel sites.

Martin Druyan, Choudhri's lawyer, called the ruling "very reasonable."

[NYCsharkling]

I better watch my butt!

[LIPH]

I better watch my butt!

Why, is it on a webcam?

[ph4ever]

I think that in some states the laws differ. In certain states if you are counseled by your supervisor numerous times, and you still fail to "reform your ways" you can be fired no ifs ands or buts. Especially if there are written employee guidelines for internet useage.

[rednekkPH]

I think that in some states the laws differ. In certain states if you are counseled by your supervisor numerous times, and you still fail to "reform your ways" you can be fired no ifs ands or buts. Especially if there are written employee guidelines for internet useage.

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

[buffettbride]

I think that in some states the laws differ. In certain states if you are counseled by your supervisor numerous times, and you still fail to "reform your ways" you can be fired no ifs ands or buts. Especially if there are written employee guidelines for internet useage.

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

Same in CO.

[rednekkPH]

I think that in some states the laws differ. In certain states if you are counseled by your supervisor numerous times, and you still fail to "reform your ways" you can be fired no ifs ands or buts. Especially if there are written employee guidelines for internet useage.

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

Same in CO.

p*** off the unions something fierce. And anything that p*** off the unions is a very good thing.

[AlbatrossFlyer]

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

or if you're covered by a collective bargaining agreement..... as is almost every city worker

[buffettbride]

I think that in some states the laws differ. In certain states if you are counseled by your supervisor numerous times, and you still fail to "reform your ways" you can be fired no ifs ands or buts. Especially if there are written employee guidelines for internet useage.

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

Same in CO.

p*** off the unions something fierce. And anything that p*** off the unions is a very good thing.

Uhhh huhhh

[buffettbride]

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

or if you're covered by a collective bargaining agreement..... as is almost every city worker

Or work for freakin' Qwest.

[comemonday]

I think that in some states the laws differ. In certain states if you are counseled by your supervisor numerous times, and you still fail to "reform your ways" you can be fired no ifs ands or buts. Especially if there are written employee guidelines for internet useage.

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

Shows how much I know... I did not know that.

[AlbatrossFlyer]

I think that in some states the laws differ. In certain states if you are counseled by your supervisor numerous times, and you still fail to "reform your ways" you can be fired no ifs ands or buts. Especially if there are written employee guidelines for internet useage.

In PA, an employer can fire you for any reason whatsoever, as long as it doesn't violate any provsions of the Equal Employment Opportunity Act (race, gender, religion, etc).

Shows how much I know... I did not know that.

it's called "at will". most of the west are "at will" states.

most of the western states are also "right to work" states, meaning you can't be forced to join the union if your job is covered by a collective bargaining agreement, but you get to work under the terms of the contract.

[comemonday]

.....it's called "at will". most of the west are "at will" states.

most of the western states are also "right to work" states, meaning you can't be forced to join the union if your job is covered by a collective bargaining agreement, but you get to work under the terms of the contract.

Is that the same as open vs. closed shop w/ unions. (ie--- right to work states would be open shops) That rings a bell from an old management class....