Total Articles: 5
District court jumps the gun on free speech (pdf).
In 2006, the U.S. Supreme Court issued a landmark decision. In Garcetti v. Ceballos, the Court held that public employees do not enjoy First Amendment free-speech rights when their speech is in connection with their official duties. A new decision by the Third Circuit limits the applicability of the Garcetti decision, holding that an employee acts as a citizen ― not an employee ― when he anonymously criticizes his employer on an online message board.
Jumping the Gun on Employee Internet Activity
A new decision from the Third Circuit Court of Appeals provides public employers with some additional guidance regarding employee internet activity. In the case of Beyer v. Duncannon Borough, police officer Eric Beyer was terminated from his position after he posted anonymous online comments, critical of the Duncannon Borough Council. More specifically, Beyer criticized the Council for its opposition to the purchase of new AR-15 rifles for the police department.
In the name of productivity and consistency, employers should permit employee Internet access at work
Employers should allow employees access to the Internet at work. It is pointless to try and control it. And now, there is evidence that doing so makes them better workers.
Employers May Be at Risk for Employees' Internet Usage (pdf).
An employee’s Internet usage, whether at home or
at work, has the potential to expose the employer to
legal claims, including sexual harassment, hostile work
environment and defamation.
Employers' Duty To Investigate Worker's Online Porn Viewing (pdf).
In a decision that demonstrates the
potential liability facing employers
across the country, a state appellate
court in New Jersey recently ruled that
a company may be held liable for damages
suffered by a victim of child pornography
where it failed to investigate
reports that an employee was viewing
child pornography online while at
work. The court held that an “employer
who is on notice that one of its employees
is using a workplace computer
to access pornography . . . has a duty to
investigate the employee’s activities
and to take prompt and effective action
to stop the unauthorized activity.” Doe
v. XYC Corp., No. A-2909-04T2, Superior
Court of New Jersey, Appellate
Division (December 27, 2005).
