ONLINE EMPLOYEE PORN: EMPLOYER, BEWARE!

Failing to investigate the activities of an employee whose company computer contains pornography could leave your business wide open to a lawsuit.>

A  New Jersey case, Jane Doe v. XYC Corp., involved an employer who learned that a worker was using his company computer to visit pornographic web sites and share images with fellow employees. After he was convicted of videotaping his 10-year-old stepdaughter nude and partially clad, the victim's mother sued the company, arguing that its failure to investigate and report that the employee was viewing, downloading, and distributing child porn on his work computer led to the girl's victimization. The court held that because viewing child pornography is a federal and state crime, the employer's knowledge of this activity should have led it to look into this misconduct.

Viewing online porn in the workplace is all too common. Consider that: 1) Approximately 70% of web traffic to pornographic sites occurs from 9 a.m. to 5 p.m.); 2) Billions of pornographic e-mails go out every day; and 3) More than 75% of workers say that they have visited a pornographic web site "accidentally" at least once, while 15 % have made 10 or more visits.

A number of states require businesses to report child pornography on workplace computers to law enforcement or risk facing criminal charges. To remove your employees' expectations of privacy in using computers, let them know the company is free to inspect or monitor this equipment, and have them agree in writing that they understand this policy.

What's more, other courts might well rule that the Doe decision applies to other illegal activities by employees who use company computers to cause physical, financial, or other harm to third parties.

A word to the wise.

Need insurance for You, Your Family or Your Business?
We can match you to a qualified, local insurance expert!
Further Reading
You’ve written and posted the job ads and are ready to interview candidates, or it’s time for annual reviews, terminations and promotions. Can you request credit reports for potential or current employees? Learn more about the legal guidelines surrou...
No one can deny that the Affordable Care Act has sparked national debate over the nation's health care system. The success of this new law remains to be seen, and the debate will continue. Critics of the Affordable Care Act fear that it means the end...
Social networking is a valuable and cost-effective advertising method for most forward-thinking businesses. However, it can also be a  land mine for lawsuits, damaged reputations and inappropriate sharing. For this reason, business owners mu...
The spread of social media has revolutionized not only the way we connect with friends and family, but also how we conduct business. However, this asset can quickly turn into a liability if misused - for example, in recruiting your company's most v...
Fraud costs businesses uncounted billions a year. Consider these conclusions from a 2011 worldwide survey by the Association of Certified Fraud Examiners: Survey participants estimated that the typical organization loses 5% of its revenues to...