Personal Activities on Company Time
Read the overview below and complete the activities that follow.
In this case, Midwest Chemicals has fired Adam Stangle for using social networking for personal use during work hours. Adam contends he was unfairly fired and plans to sue Midwest Chemicals for wrongful termination. Adam and his lawyer, Melissa Lehman, and Midwest Chemicals CEO Roberta Payne and company attorney Mitch Reyes are meeting with arbitrator Richard Levy to settle the dispute and avoid litigation. You will assume the role of Richard Levy, weigh each party's argument, and decide whether Adam's termination stands.
CONCEPT REVIEW:
Analyzing this case requires an understanding of the following:
-Personal vs. professional social media
-Company computer use policies
-Computer monitoring system
Read the case below and answer the questions to the right.
Midwest Chemicals has fired Adam Stangle for using social networking for personal use during work hours. Adam contends he was unfairly fired and plans to sue Midwest Chemicals for wrongful termination.
Midwest Chemicals has a simple but strict computer use policy for all employees: company computers are to be used for Midwest Chemicals business only; personal use of company computers is not allowed. If employees need computers for their personal use, they may use their own laptops, iPads, smart phones, or other devices on breaks but not during work time.
Like all other employees, Adam signed a statement agreeing to comply with the policy. Signing the policy also indicated he understood that Midwest Chemicals monitors employees’ computer use and that employees may be terminated immediately for violating the policy.
Last week the company’s computer monitoring system discovered that Adam was regularly viewing a Facebook page that contained pictures of intoxicated people (including Adam) engaging in sexually explicit activity. The language on the site contained profanity, including some terms that could be considered racist and homophobic, though Adam didn’t use the terms himself or even post any comments to the page. While Adam is one of Midwest Chemicals top employees, his behavior may put the company at risk for legal action if other employees see the material and are offended. Furthermore, he is wasting his time at work. The company expects professional behavior from its employees at all times during the workday. Interestingly, Adam was warned last year about his use of company computers for personal activities. His manager at the time chose to warn him rather than fire him as she could have. Because he has already been warned once, CEO Roberta Payne feels the termination is justified.
Adam, however, has a different view of the situation. He acknowledges that he was viewing a Facebook page on a company computer during work hours. Yes, the images and content were inappropriate, but they were not his images on his Facebook page; they were pictures of his nephew’s bachelor party in Las Vegas housed on his nephew’s page—something he has no control over.
His primary argument is that the computer use policy is unreasonable. The company does not check all employees’ use all the time. The company randomly selects employees’ computers for review and does so only a few times a year. He says many other employees also use their computers for personal use; they just haven’t been caught. The fact that he happened to be caught twice and is going to be fired is unfair. In addition, he argues that many employees also waste company time by talking to one another about personal issues. How is using the computer for personal issues any different?
Additionally, Adam was in a devastating automobile accident five years ago in which his passenger was killed. Though the accident was not Adam’s fault, he suffers from post-traumatic stress that leads to anxiety attacks when Adam is in a stressful situation. Though he has never mentioned the post-traumatic stress to anyone at Midwest Chemicals, he says his doctor suggests that to avoid these attacks, Adam take frequent short breaks; checking Facebook or his personal email provides the short break that alleviates this stress. He does not have a smart phone or a personal computer, so what else is he supposed to do? He is one of Midwest Chemicals best employees, so obviously his personal use of the computer is not hindering his work.
Lastly, Adam contends that as a 55-year-old employee who is one of the top salary earners, he is being terminated as a money-saving measure and because he is an older worker. If anything, he thinks Midwest Chemicals is guilty of age discrimination and violation of the Americans with Disabilities Act.
You will assume the role of Richard Levy, weigh each party’s argument, and decide whether Adam’s termination stands.
Make sure you respond to the following questions after reading the case above.
1. What are Midwest Chemicals' strongest arguments for supporting its case to terminate Adam’s employment?
2. What are Adam’s strongest arguments for supporting his case that his employment should not be terminated?
3. As arbitrator Richard Levy, what would you do? Is Midwest Chemicals within its rights to fire Adam? Should Midwest Chemicals fire Adam? Support your answer with good logic and material from the text.