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You still have to be careful
Even if you can fire for any reason making up a reason like this can damage a person reputation and that is something you can sue for. I don't think this guy is suing to get his job back, he's suing because they accused him of surfing porn with no proof what so ever. Even if a link in their favorites is for porn site that is not proof they went to said porn site while a work. There are tons of plausible reasons for that link being there. One I can think of is that he could have imported his favorites from home. Doing this get some work related links but along with the links was porn site. He could very never ever go to that site, the favorites reveal nothing.

Now had they checked the cache and found something, that would be different. Had they saw connection via proxy server from his user account again they had grounds. All link in the favorites would make me do is look for actual evidence.

In the end I think the employer here did harm to the employee by damaging his reputation. How do you get another job when your previous employer is possibly spreading lies about you surfing porn on the job? So they should have to pay for lost wages due the effects of said lies.

My guess why this occurred is they tried to go for too much money and didn't argue the actual facts of the case. The judge probably had no choice but to through this out.
Posted by: voska   Posted on: 10/03/07 You are currently: a Guest | Members login | Terms of Use

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Please list the case number  srobtjones@... | 10/03/07
Case Info  jamie@... | 10/03/07
Sounds to me like this guy got screwed...  BitTwiddler | 10/03/07
agreed (nt)  Badgered | 10/03/07
He could have been set up  Zolar | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  mejohnsn | 10/03/07
Smells like Republican judicial appointee  Chad_z | 10/03/07
Message has been deleted.  mflemming@... | 10/03/07
sure does...  andyILM | 10/03/07
Boo Hoo, someone said something nasty about those poor widdle Wepublicans!  mreilly19 | 10/03/07
Maybe politicians shouldn't be hypocrites.  HypnoToad72 | 10/04/07
RE: Police Blotter: Fired worker blames porn on malware  bmfische | 10/03/07
This is at will employment  gtvr | 10/03/07
True enough  voska | 10/03/07
They can fire you for no reason, sure, but they gave one  laura.b | 10/03/07
I agree - defamation occurred.  jlafitte | 10/05/07
You are not only  RS9 | 10/03/07
Judge failed contract law.  deleweye | 10/03/07
What contract is that...  RS9 | 10/03/07
Illiterate...  deleweye | 10/04/07
Fired worker  HandsomeandCutie | 10/03/07
it's also defamation  jlafitte | 10/05/07
It sounds like they fired him with no proof whatsoever. They did not even  DonnieBoy | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  chuck@... | 10/03/07
IANAL but...  slopoke | 10/03/07
You still have to be careful  voska | 10/03/07
Geez, get off the technical drift...  RS9 | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  nwoodson@... | 10/03/07
You made a great point  laura.b | 10/03/07
not sexist, just technologically illiterate (nt)  conspicuouschick | 10/03/07
Use tinyurl.com  Linux User 147560 | 10/03/07
It appears that his  RS9 | 10/03/07
It's very possible that malware...  bjbrock | 10/03/07
Lost Productivity?  panzrwagn | 10/03/07
Was his using the Web for nonbusiness reasons proven?  jlafitte | 10/05/07
The funny thing about at will employment  Shelendrea | 10/03/07
You read it wrong  Dunkleosteus | 10/03/07
Man, I would be so pissed  laura.b | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  pookiecrickett2@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  pgf_666@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  jbjayrace@... | 10/03/07
It's not just plausible, it's likely!  psyclone56 | 10/03/07
And another thing...  psyclone56 | 10/03/07
Why?  Linux User 147560 | 10/03/07
why? for greater chances of success  psyclone56 | 10/04/07
Agreed -- it happened at the bank  Phoenix666 | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  trumpet2@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  calvinsman-one@... | 10/03/07
Desire To Fire  usad | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  Riphly_z | 10/04/07
You wonder how many.  mike@... | 10/04/07
Law and technology don't work for the user  Boot_Agnostic | 10/05/07
RE: Police Blotter: Fired worker blames porn on malware  surfingdi | 10/05/07
The courts needs some computer education  www.cybertopcops.com | 11/08/07
Federal judges sit for life  texan3202@... | 11/08/07

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