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 © 2024 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

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor Laura Kelly expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing it to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified against AB 3080, the California version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

New Premium Creator Platform 'Lemon Social' Launches

Premium creator platform Lemon Social has debuted.

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

2024 XBIZ Creator Awards Nominees Announced; Voting Now Live

XBIZ is pleased to announce the nominees for the 2024 XBIZ Creator Awards, presented by Fansly.

Adult Site Broker Talk's Bruce Friedman Reflects on Podcast Success

The 200th episode of “Adult Site Broker Talk” will air next week, with 2023 XBIZ Performer of the Year Cherie DeVille as the featured guest.

FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

Free Speech Coalition (FSC) filed a petition for certiorari on Friday asking the U.S. Supreme Court to overturn the Fifth Circuit panel decision that partially upheld Texas’ controversial age verification law.

Show More