Can I be sacked for misconduct having used a works' PC for personal use?
Recently during my work in a library, I got to know a member of the public with whom I got on quite well. One afternoon, I chose to send that person a Myspace ''Friend Request,'' which they accepted. However, some days later they deleted me, and arrived at my workplace. They claimed to have mistaken me for someone else, and that the receipt of this Friend Request made them feel threatened. It was also done on a works' PC. I have been informed that I could be sacked for harassment, theft (use of works' PC) and Gross Misconduct (using that person's name which I only knew through work - Data Protection Act.). I would appreciate any answers here from people who are either legal professionals, or have experienced similar things.
Answers:
Someone's gone way overboard with charges!
I admit it's creepy to get a friend request from someone you don't know well. It shows that person took the time to search for you on Myspace, look at your profile and send a request. Creepy.
I may not be a legal mind, but your employer owns the computer and you are paid to work while there. Employeers can and do moniter your computer usage and can fire you if you misuse their systems. Get a lawyer.
Yes you can. You would not be the first one and I suspect not the last. People need to understand that the equipment they are on is not for private use. Resources are expensive and I just happen to know there are many many companies who have installed key loggers and those who monitor all emails both inbound and outbound. Best to always keep your personal stuff at home on your computer.
Just a friends request is not harassment. Only way it could be that is if you said something like I am going to find you and stuff. Because on the sits we can block people we fill unsafe talking to. You may want to go get you a laywer to have a chat with over them wanting to let you go. My mom can e-mail me but she can not sit and write a big long letter or chat back and forth while she is at work as long as she gets her work done.
it depends if you signed something when you started working that sais you will only use the computer for work and not personal use. A lot of companies make you do this. You probably dont remember but if you have internet access at work then most likely you did.
Yes. Unless you have a contract that specifies otherwise, you can be fired because you smell funny too. At-will employees can be fired for any reason other than belonging to a protected class, i.e. race, sex, etc.
Yes you can be sacked. You do not own the computers, they belong to the entity that hired you. You can use them during the course of your working hours for THEIR benefit, not yours. As well you have no expectation of privacy and I would advise against using THEIR computers to write personal letters or documents.
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