Posted on 06/15/2004 2:32:23 PM PDT by Kiss Me Hardy
From the Smart Answers advice column:
Q: One of the employees in my fabrication business uses the office computers to cruise the Internet and post comments at political forums. He is a very left-wing loudmouth, hates our President, and rants about the war in Iraq as "genocide for oil." Some of his opinions get his fellow workers so angry I have to step in to keep the peace. He is about 24 years old, has a degree, and is smart. My question: If I have to, can I fire him? I can't say it's a routine layoff because I'm hiring other people at the moment. I don't want to terminate him, because he actually does an honest day's work, but if he doesn't stop rubbing his workmates the wrong way, I will have a civil war on the shop floor. I've thought about taking him into my office and saying that he has to leave his politics in the parking lot with his bicycle, but I'm scared he might sue me for violating his First Amendment rights. If you can help me I would be grateful. -- C.O., Brooklyn, N.Y.
(Excerpt) Read more at businessweek.com ...
This boy needs to clean the latrines with a toothbrush for a few months
Ditto ..... as long as YOU or any other employees aren't using the office computers for personal use. Although, if you are the owner of the firm, I wonder if that rule (assuming there is a rule) applies to you.? Does this need to be stated in the company's manual, or can it be regarded the same as any other kind of petty theft?
If you have a known company policy against using the computers for non-work related things, then you could fire him for violating that policy and shirking whatever duties he was supposed to be carrying out while he was posting. However, be careful if that policy has never been published and explained to employees or if it hasn't been used against anyone else who was using the computers for non-work stuff. If you have no other reason to fire him (such as poor job performance or insubordination of a type for which you have fired others) then you are inviting a lawsuit by firing him.
While I understand your passion and I respect the First Amendment, please understand that I don't tolerate activity that gets in the way of your or others productivity.
That being said, you are warned that if your political activism in the workplace continues, it will only continue with you in the role of a visitor to the company, and you will therefore be limited to either the breakroom or parking lot to continue talking with anyone who wants to listen.
Is this job in an "at will" state? If so, he can be terminated and given no reason. Just don't give an illegal reason such as sexual preference, age, etc.
What would your position be if it were a left-wing business owner (there are plenty) and an employee who was an active Freeper that posted on company time?
I'd say keep him there. They more he angers the other guys the more they are driven to vote against Kerry. The more votes for GWB the better.
If you are creating an atmosphere that is making it difficult for other people to do their work then I will fire you. And I dare you to try to sue me. The posting on the Internet is one thing, although if he in not doing it during break time and it is excessive then I would have a chat with him, as it is an activity that you can do without bothering anyone else. However, picking fights with coworkers, or saying things to annoy and harass them is simply not acceptable.
Oh, by the way First Amendment Rights does not mean that you can say what you will at work, it simply means that you will not be arrested. Fired is quite another thing.
Because Freepers are well-mannered, courteous, and kind, it would never become an issue. Mind you, and speaking as right-wing libertarian, it wouldn't matter what the employee's politics happened to be: If he was hurting efficiency and crimping my margins, he'd be out the door before he had a chance to clean out his desk, right-wing or not.
I don't think any sane business owener would make that his top priority. His mission is to make sure production proceeds in a smooth and predictable manner. It sounds like having this guy there is incompatible with that goal.
No Freeper would post on company time. ;)
Actually my position would be the same with a fellow Freeper. If it is excessive then we would talk and I would likely ask them to restrict the time they spent on the net. If it confined to breaks and down time then no problem, if it is interfering with your work then that is another thing.
But engaging coworkers in repeated arguments is not acceptable, it causes problems for everyone with in earshot, and like it or not we have to spend eight hours a day five days a week together. I will have a peaceful productive office if I have to break so heads to get it.
Cruising the Internet can expose the computer (yours) and the network (yours) to viruses, backdoor trojans, hijackers, spam, porn, and insidious worms that can do great damage to your productivity and your business. Warn your employees and then have your IT professional check the traffic. If you don't have an IT policy yet, draft one and implement it with fair warning. It is grounds for termination, if he understands the policy.
If he is pestering other employees by sending unsolicited email and attachments, that is another matter altogether. To allow this to continue could open your business (and you) to a lawsuit for sexual harrassment. (Even if the content is political, often there is a pornographic element to it.) He MUST be terminated, in that case, no warning necessary.
Just make sure that you document the infractions.
I've been there. I overlooked a salesman's cruising on the Internet because I do it too, but it took me 12 hours of work to rebuild a his computer after he was fired for not doing is job. And I still haven't gotten all the junk out of my network.
Backdoors and highjackers are all over the Internet and can wreak havoc with your company files -- even if there was no ham intended. When your computers slow to a crawl, youwill know what I mean.
Read teh whole article. The advice offered by Business Week is good in the first sentence and then it degeneratives into a bunch of touchy-feely pap, such as "work out a compromise among the employees." Gag! Anyone who endangers my network around here is out the door!
No Freeper would post on company time. ;)
We agree. This must never be allowed. You never ever use company e-mail for anything but business. That will get you fired quicker then anything else.
Using company e-mail to send a letter to the editor for example, is exactly the same as using company letterhead. It is saying that you speak for the company. You are not the company spokesperson, unless you are the owner of course.
Remember the first rule of business, thou shalt never embarrass thy boss who signth thy paycheck. The boss may even agree with you, but companies rarely want to take public political stands unless it is for sound business reasons.
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