Prescient Judge Realizes Employee Net Surfing Not A Big Deal

from the good-judgment-from-a-judge dept

Over the years, there's been a lot of fussing about employees using the internet at work, and how much of a problem it is, if it's even one at all. Studies -- as well as common sense -- suggest that employees are capable of taking breaks and attending to some personal things, then getting back to work without much of a productivity loss. A New York judge seems to agree, ruling that a state employee can't be fired for using the internet at work. In a surprising display of reason, the judge stated, "It should be observed that the Internet has become the modern equivalent of a telephone or a daily newspaper, providing a combination of communication and information that most employees use as frequently in their personal lives as for their work." Again, common sense suggests that if an employee's online behavior is having a negative impact on their work, that's what warrants action, not the use of the internet itself. So will the employee fired by New York Mayor Michael Bloomberg for playing solitaire at work have legal recourse based on this ruling?

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  1.  

    Finally....

    identicon
    Anonymous Bum, Apr 24th, 2006 @ 12:24pm

    A judge that understands technology. Read that back to me....

    "It should be observed that the Internet has become the modern equivalent of a telephone or a daily newspaper, providing a combination of communication and information that most employees use as frequently in their personal lives as for their work."

    Yes, and because so I was able to be first on this post.

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Apr 24th, 2006 @ 1:36pm

    and I second.

    reply to this | link to this | view in thread ]

  3.  
    identicon
    DreadedOne509, Apr 24th, 2006 @ 1:40pm

    I'm at work, for the government no less. It's either this or a nap, they can take their pick.

    reply to this | link to this | view in thread ]

  4.  

    How funny ...

    identicon
    Pongidae, Apr 24th, 2006 @ 2:02pm

    so am I (at work for the government, that is).
    Doesn't it just make sense that with our work spilling over into our personal time that our personal lives would mingle with our work time?

    reply to this | link to this | view in thread ]

  5.  

    Saw this earlier today...

    identicon
    Aaron, Apr 24th, 2006 @ 2:08pm

    ...and I swear when I read this part:

    "It should be observed that the Internet has become the modern equivalent of a telephone or a daily newspaper, providing a combination of communication and information"

    I thought Mike was starting a second career as a judge. It just sounds exactly like something I thought I would only read at Techdirt. Makes you wonder if the judge is a reader. :)

    reply to this | link to this | view in thread ]

  6.  

    Re: How funny ...

    identicon
    4Shore, Apr 24th, 2006 @ 3:04pm

    Yes! Someone who really gets it.

    reply to this | link to this | view in thread ]

  7.  

    THANK YOU!

    identicon
    Starky, Apr 24th, 2006 @ 3:22pm

    Thank God! Finally a judge with common sense and understanding of technology! I thought that common sense had become extinct in the legal system!

    reply to this | link to this | view in thread ]

  8.  

    Solution

    identicon
    Anonymous Coward, Apr 24th, 2006 @ 3:53pm

    Mandatory 15 minute breaks every 2 hours like restaurant workers get. That'll teach the bosses.

    Also, if a company downsizes an employee, then it has to provide 2 years severance pay. Also, the company cannot lower an employee's salary.

    Communism is looking better each day.

    reply to this | link to this | view in thread ]

  9.  

    He firing wasn't really tech-related

    identicon
    Oliver Wendell Jones, Apr 25th, 2006 @ 11:09am

    The fired employee was specifically told by his employer to not access the internet for non-business purposes and yet continued to do so.

    If your boss tells you not to use the phone for personal calls, and not to read the newspaper at your desk - then you shouldn't do either of those activities on company time.

    Plain and simple - if your boss tells you not to do something and you do it anyways - you deserve to be fired.

    reply to this | link to this | view in thread ]


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