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

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

Show More