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

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates MYM Over SREN Compliance

French media regulator Arcom is investigating creator platform MYM to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Show More