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Sunday, December 12, 2010
Sunday, October 10, 2010
Small business Owners
The following article may be of interest to you:
Mark D. Klein
Workplace Computers and the Internet
IOur Information Technology society has developed new legal challenges. Some deal with the use of workplace computers. Since all of these workstations are connected to the Internet, the temptation for mischief is great. An example was the scandal recently revealed in which some government employees spent up to eight hours a day surfing the Internet for pornography.
Since knowledgeable employees recognize that an absolute prohibition against employee internet use is impractical, a reasonable balance has to be established. Many employers without a definite policy discover that unrestricted use of the Internet and e-mail not only reduces productivity but may also subject and employer to liability for the improper use.
Employers can protect themselves from the unintended consequences of improper employee use by implementing and enforcing a policy outlining the permissible parameters of employee Internet use, or an Internet Acceptable Use Policy (IAUP). Several recently decided cases illustrate the need for a well-drafted and properly enforced IAUP.
One are in which consequences are reflected is the eligibility for unemployment insurance benefits. There is a waiting period for those who lose their jobs because of cause while persons who are laid off or improperly terminated obtain benefits immediately.
In an Ohio case the employee was terminated for a purported violation of the employers IAUP. Particularly, the employee Kelly was fired for excessive personal use of Taxel Creative, Inc.’s IAUP. Kelly persuasively argued that the policy in question failed to define what level of personal Internet use was permissible although it indicated that some level of personal Internet use during business hours was expected.
A contrary result was reached in a New York case where the claimant’s conduct disqualified him for benefits due to his misconduct. The evidence established that the employee had continued to violate his employer’s IAUP by downloading inappropriate materials to his assigned computer even though he had been previously warned about the consequences of such behavior.
A different question was whether an IAUP’s provision that converted an employee’s person e-mails into company property was enforceable. A New Jersey court held that such conversion could only be enforced if the content furthered a legitimate interest of the employer. This particular case involved e-mails directed to the employee’s attorney in support of her discrimination claim against the employer.
For the most part, the establishment and enforcement of an IAUP has been recognized as a legitimate business procedure. Like other employee policies, the IAUP should be in writing, acknowledged by the employee and uniformly applied. When a violation occurs, it is best to give a warning that is also in writing and acknowledged.
Common sense dictates the reasonable parameters of an IAUP and balanced person Internet use by employees. When each side is clear about the rules, controversy can be avoided.
This article is for discussion and informational purposes only, and should not be considered legal advice.
Reprinted permission of Barry Klein, Esq.
ADVERTISING
Mark D. Klein, Esq. is a senior attorney at Klein Law Corporation, a Southern California-based law firm providing legal assistance to businesses and individuals alike. Klein Law Corporation provides an extensive range of legal services aimed at helping clients with issues involving corporate law, business law, intellectual property matters and estate planning while actively working with entrepreneurs starting business ventures and those purchasing or selling businesses.
The foregoing information is presented by Klein Law Corporation as a news reporting service to clients and friends of the firm and is distributed with the understanding that Klein Law Corporation is not rendering legal advice and assumes no liability whatsoever in connection with its use. If you have questions about the subject matter presented or desire to obtain more information on legal issues related to your business, please contact us at (949) 453-7979 or email us at markklein@KleinLawCorp.com.
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© Copyright 2010 KLEIN LAW CORPORATION. All rights reserved.
15615 Alton Parkway, Suite 175 • Irvine, California 92618
(949) 453-7979 • FAX (949) 453-3311 • E-Mail: MarkKlein@KleinLawCorp.com • Website: www.KleinLawCorp.com
Mark D. Klein
Workplace Computers and the Internet
IOur Information Technology society has developed new legal challenges. Some deal with the use of workplace computers. Since all of these workstations are connected to the Internet, the temptation for mischief is great. An example was the scandal recently revealed in which some government employees spent up to eight hours a day surfing the Internet for pornography.
Since knowledgeable employees recognize that an absolute prohibition against employee internet use is impractical, a reasonable balance has to be established. Many employers without a definite policy discover that unrestricted use of the Internet and e-mail not only reduces productivity but may also subject and employer to liability for the improper use.
Employers can protect themselves from the unintended consequences of improper employee use by implementing and enforcing a policy outlining the permissible parameters of employee Internet use, or an Internet Acceptable Use Policy (IAUP). Several recently decided cases illustrate the need for a well-drafted and properly enforced IAUP.
One are in which consequences are reflected is the eligibility for unemployment insurance benefits. There is a waiting period for those who lose their jobs because of cause while persons who are laid off or improperly terminated obtain benefits immediately.
In an Ohio case the employee was terminated for a purported violation of the employers IAUP. Particularly, the employee Kelly was fired for excessive personal use of Taxel Creative, Inc.’s IAUP. Kelly persuasively argued that the policy in question failed to define what level of personal Internet use was permissible although it indicated that some level of personal Internet use during business hours was expected.
A contrary result was reached in a New York case where the claimant’s conduct disqualified him for benefits due to his misconduct. The evidence established that the employee had continued to violate his employer’s IAUP by downloading inappropriate materials to his assigned computer even though he had been previously warned about the consequences of such behavior.
A different question was whether an IAUP’s provision that converted an employee’s person e-mails into company property was enforceable. A New Jersey court held that such conversion could only be enforced if the content furthered a legitimate interest of the employer. This particular case involved e-mails directed to the employee’s attorney in support of her discrimination claim against the employer.
For the most part, the establishment and enforcement of an IAUP has been recognized as a legitimate business procedure. Like other employee policies, the IAUP should be in writing, acknowledged by the employee and uniformly applied. When a violation occurs, it is best to give a warning that is also in writing and acknowledged.
Common sense dictates the reasonable parameters of an IAUP and balanced person Internet use by employees. When each side is clear about the rules, controversy can be avoided.
This article is for discussion and informational purposes only, and should not be considered legal advice.
Reprinted permission of Barry Klein, Esq.
ADVERTISING
Mark D. Klein, Esq. is a senior attorney at Klein Law Corporation, a Southern California-based law firm providing legal assistance to businesses and individuals alike. Klein Law Corporation provides an extensive range of legal services aimed at helping clients with issues involving corporate law, business law, intellectual property matters and estate planning while actively working with entrepreneurs starting business ventures and those purchasing or selling businesses.
The foregoing information is presented by Klein Law Corporation as a news reporting service to clients and friends of the firm and is distributed with the understanding that Klein Law Corporation is not rendering legal advice and assumes no liability whatsoever in connection with its use. If you have questions about the subject matter presented or desire to obtain more information on legal issues related to your business, please contact us at (949) 453-7979 or email us at markklein@KleinLawCorp.com.
Unsubscribe and Contact Information:
To subscribe or unsubscribe to our client mailings program or if you wish to update your contact details, please click here and your request will be honored.
© Copyright 2010 KLEIN LAW CORPORATION. All rights reserved.
15615 Alton Parkway, Suite 175 • Irvine, California 92618
(949) 453-7979 • FAX (949) 453-3311 • E-Mail: MarkKlein@KleinLawCorp.com • Website: www.KleinLawCorp.com
Friday, April 16, 2010
Events
Starts: Thursday April 22, 2010, 08:00AM
Ends: Thursday April 22, 2010, 11:00AM
Event Type: Networking/Meetup
Location: Next Business Meeting! - On Thursday, Abril 22nd - from 8:00 a.m to 10:00 a.m.
At: The Beverly Garland - 4222 Vineland Avenue -
North Hollywood - , CA 91602 US
Organization: Hispanic Business Network
Next Business Meeting! - On Thursday, Abril 22nd - from 8:00 a.m to 10:00 a.m. that will focus on Networking. We cordially invite you to participate and bring your business cards. We can stay until 11 a.m. for Networking. Don't miss out; we look forward to seeing you. Cost, including breakfast: $ 8.- HBN members: $ 5.-
At: The Beverly Garland - 4222 Vineland Avenue - North Hollywood - CA, 91602
Victoria García American Red Cross Volunteer Will speak to us about: Earthquake preparedness
Karin Spencer found Next Business Meeting! on LinkedIn Events and thought you might be interested in going!
Starts: Thursday April 22, 2010, 08:00AM
Ends: Thursday April 22, 2010, 11:00AM
Event Type: Networking/Meetup
Location: Next Business Meeting! - On Thursday, Abril 22nd - from 8:00 a.m to 10:00 a.m.
At: The Beverly Garland - 4222 Vineland Avenue -
North Hollywood - , CA 91602 US
Organization: Hispanic Business Network
Next Business Meeting! - On Thursday, Abril 22nd - from 8:00 a.m to 10:00 a.m. that will focus on Networking. We cordially invite you to participate and bring your business cards. We can stay until 11 a.m. for Networking. Don't miss out; we look forward to seeing you. Cost, including breakfast: $ 8.- HBN members: $ 5.-
At: The Beverly Garland - 4222 Vineland Avenue - North Hollywood - CA, 91602
Victoria García American Red Cross Volunteer Will speak to us about: Earthquake preparedness
Karin Spencer found Next Business Meeting! on LinkedIn Events and thought you might be interested in going!
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