Firing Ruled Justified After Employer Finds Porn on Laptop

PITTSBURGH – A court has ruled that the use of an employer's laptop to download pornographic material violates the employer's computer-use policy even where those downloads may have taken place off-premises and after working hours.

The case involves Edward Burchell Jr., a computer programmer who was employed by the University of Pittsburgh and later fired for the discovery of porn movies on his laptop.

Burchell applied for unemployment benefits and was subsequently denied by a unemployment compensation panel. He later turned to the courts after several appeals.

The Commonwealth Court of Pennsylvania ruled April 29 against Burchell, deciding that employers that have policies which prohibit employees from using employer’s computers “for the creation, design, manufacture, preparation, display, or distribution of any written or graphic obscene material” can terminate workers who break their rules.

Burchell contended that the unemployment compensation panel erred in concluding that he committed “willful misconduct” because the employer presented no evidence to establish that he downloaded or viewed pornography while at work.

Burchell also argued that while a workplace rule forbidding the viewing of porn at work is reasonable, the same policy becomes unreasonable if it is extended to conduct occurring off the employer’s premises when the employee is not working and, therefore, it cannot support a finding of willful misconduct.

He also denied downloading the material to the laptop as well as ownership of a CD containing porn.

The court, however, said Burchell’s arguments lacked merit, and cited a Pennsylvania Supreme Court case that held actions constituting a deliberate violation of the employer’s rules is reason for discharge.

The case is Burchell vs. Unemployment Compensation Board of Review, 2004 ILRWeb (P&F) 1671 [Pennsylvania Commonwealth, 2004].

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

Show More