Many employers today establish and implement policies that specify permissible and impermissible uses of the Internet in the workplace. What if employees who violate such a policy claim that they did not "knowingly" do so?
If the employer discharges the employees for violating the policy, can the employees successfully claim that they were discharged without "just cause" and thus entitled to unemployment compensation? This question recently came before your court
Facts: Autostore, Inc., a supplier of auto-safety products, gives each of its more than six thousand employees an employee handbook. Among other things, the handbook states that Autostore will not "tolerate or permit illegal harassment or retaliation of any nature within our workforce."
The hand¬book also states that the use of e-mail "for reasons other than transmittal of business-related information" is prohibited and that violations of company policies can result in any of several disciplinary actions, including termination.
In 2010, Autostore learned that an employee had received offensive and sexually harassing e-mail from other Autostore employees. The company immediately investigated and learned that two employees had, on numerous occasions, sent messages containing jokes, photos, and short videos that were sexually explicit and clearly offensive in nature. Shortly thereafter, Autostore terminated the two employees for "improper and unauthorized use of company e-mail."
When the employees applied for unemployment benefits, a threshold question was whether they had been fired for just cause. If so, they would not be entitled to unemployment benefits. If not, they would be entitled to such benefits, and Autostore would ultimately have to pay higher unemployment taxes as a result.
Assignment: After reading the facts, identify, analyze and justify your decision legally and ethically in a pro/con format regarding the following issues in question:
1. Were the employees fired for "Just Cause"?
2. Did the employees have knowledge of the conduct the employer expected in the workplace?
3. Should, in today's workplace, the e-mail transmission of sexually explicit and offensive jokes, pictures, and videos constitute a flagrant violation of a universal standard of behavior?
4. Suppose that an employee writes a message to like-minded persons concerning religious beliefs or political views.
Can the employee be fired in that situation? Who decides what is acceptable Internet activity when there is no written policy?