Fired for Inappropiate E-Mail

[ally211200]

Fired for Inappropriate E-Mail

What is the name of your state? Colorado

I work from home as a telecomunter and was fired for sending an inappropriate e-mail to another person outside the company. Specifically, it was alleged that the e-mail was pornographic in nature. In fact the e-mail was not pornographic, and was intended to be humorous in nature. When contacted I explained that I had not sent the e-mail in question, and that it was probable that another member of my family was responsible. Also, I was never given any prior warning about inappropriate e-mails and the company policy allows for limited personal e-mail usage. I am 40 years old and have worked for this company for over 18 years. I have applied for unemployment compensation. My question is whether I have any basis for a lawsuit against the company.

 

[Bigfoot]

Believe it or not, you may first want to be sure that your computer does not have a virus. There are some viruses that will take a message and send it to everyone in your address book. I've received confidential files from a business in town because of a certain computer 'worm'.

 

[Beth3]

No, you do not have any basis for a lawsuit against the company.

As you work from home, I presume the e-mail and related info systems you are using are provided by your employer; therefore, they have complete authority and discretion over it's use. You were responsible for ensuring that you (and anyone else you allowed to use the system) complied with company policy/practices. "Limited personal usage" does not include sending e-mails or other materials the company deems inappropriate.

 

[ally211200]

Bigfoot, thank you for the suggestion of the virus. However, in this case the family member who sent the email has admitted to doing so and this email was sent to only one person.

Beth, Thank you for response as well. I would like to ask one more thing regarding this. First of all, yes you are correct this is the company's equipment and email address that was used. And of course they clearly have no issue with an inappropriate email being sent to me, it's the fact that their address was attached to what they deemed to be inappropriate. What I guess I fail to understand is if I had no knowledge that this email would be considered inappropriate, how can I be held responsible? The policy (which I have since read) is very unclear as to what is allowed and what is not. Obviously, we can all agree that something pornographic would not be allowed, but trust me, we can't all agree that this picture was in anyway pornographic. I have worked for this company for almost 19yrs and in no way would jeopardize my employment by doing something so stupid. I was well aware that our email was randomly audited. As well, many emails of this sort have been sent around from supervisors in the past (as jokes of course) how would I have ever known that mine would be the one that breached the policy?

Thanks for your consideration and answer.

 

[Ramoth]

The rule of thumb I use when trying to explain this to employees is to tell them that if they wouldn't post it on the bulletin board at church/synogogue/mosque, it's inappropriate.

 

[ally211200]

Yeah yeah, ok ok...I wouldn't post this picture inside of any religious establishment, heck I wouldn't even post it in the office (and I work at home!) But come on...how does one get fired for not following a 'rule of thumb"? I truly really did not believe this was something that would be considered outside the guidelines for personal email usage. Anyway, all that said, I have a few more questions.

1) Does anyone think I have a chance of collecting Unemployment Benefits or am I just doomed? Is it worth appealing if denied 1st time around? (Probably since I don't have a job and nothing better to do)

2) When applying for other jobs, I guess by all rights I have to state that I was terminated when they ask my reason for leaving.
No one will want to hire someone who is fired..is there a way I can legally get around that?

 

[Beth3]

ally, while I think your employer's response to this one e-mail may have been harsh, what it boils down to is this.

You can be fired for any reason except a specifically prohibited one (i.e. due to your age, race, gender, religion, etc.) Firing you because an e-mail was sent from your computer that the company deemed inappropriate, regardless of who actually sent it and regardless of any individual sensibilities over how inappropriate the e-mail actually was, is not illegal.

 

[ally211200]

Thanks for everyone's help and input.

Does anyone have any opinion to the above questions I posted regarding unemployment and future job apps?

Sounds like at this time I should start looking for a job instead of an attorney!

 

[Beth3]

Yes, you should definitely apply for UC benefits if you haven't done so already. I don't have enough specifics about the e-mail that was sent and company policy to hazard a guess as to the outcome.

When you apply for jobs and are asked the circumstances under which you left this position, tell the truth. Among other reasons, when prospective employers contact your ex-employer for a reference, they're likely going to hear why you were fired and if your version doesn't jive, you'll be out of the running pronto.

Good luck.

 

[JMA22]

can you be fired for receiving an email of that nature?
i get those porno promos all the time in my email

 

[hexeliebe]

JMA22

You will receive an answer to your question as soon as you post to a new thread. This forum does not answer hijackers.

Please respect this poster and those who have tried to help by not confusing the issue. Start a new thread.

 

[ally211200]

Hex, I don't mind..it's a legitimate question really and somewhat related.

JMA22...I was told that under no conditions could I have been fired for receiving the email. In my situation, I did receive this email from a friend and then my husband sent it to himself from the computer I use for work. The problem specifically arises because the inappropriate email was sent from an email address that has the company name attached....thus the company looks bad for sending this sort of material.

I also would really like to make it clear that the email in question was NOT pornographic! I am half tempted to attach it to my post, but alas I think that I should never have anything to do with that email again in my life!!!

Let me describe it to you all to satisfy your curiosity should you have any. Are any of you familiar with the 'Priceless' commercials for MasterCard? This particular picture was a take-off on those commercials (some of you may have seen the emails going around they are pretty popular) This one in particular goes like this: ($figures are approximate)

Cost of airplane rental: $250
Cost of Instruction: $100
Cost of cheap underwear $5

Picture of you skydiving and your underwear rips: PRICELESS!

This humorous statement is accompanied by a picture is of a man skydiving with his 'you know what' hanging out for all the world to see.

So, this in my opinion was not pornographic...there was no sex before, during, or after (at least certainly it is not apparent in the picture!)

 

[taylor812]

GROSS, I have seen that and it's pretty funny!! I don't see that as pornographic, but I can defnitly see how it's appropriate for work...

I thought it was illegal for an employer to give information to anyone regarding the release of employment. I do not know the specific state laws, but I have worked a lot with employment verification, and have verified employment for all over the US for a very large corporation, and I was NEVER able to state whether a termination was volentary or involentary, even if the ex employee wanted me too. That is your personal confidential information and release in this information could later result in a law suit. That MAY have been our company policy though, and I also know that a lot of employers do not follow the laws, simply because they aren't aware of them.

When looking for a new job, and they asked you why you left your last job, my suggestion would be to be honest, but vague. Say something like "There was a misunderstanding of a company email policy, but I have learned from it. Even though limited personal emails were alloud, I have learned that I am not going to give my work email address to anyone outside of business relations again."

Almost everyone I know receives emails like this at work, and I rarely hear of someone getting fired for it... That sucks. I think you should have at least been warned.

 

[hexeliebe]

It doesn't matter what you or I find offensive Taylor. The point of this entire discussion is that the e-mail account belongs to the company and they have the right to set policy.

Would you find it appropriate if some guy walked up to you and said you had a nice ass even if no one else found it offensive? I doubt it.

If you receive an e-mail that you "THINK" may be deemed offensive by the company who is supplying your food, then you'd better delete it immediately.

And if you have to question if an e-mail you are thinking of sending is offensive, it probably is. And don't send it.

It's not rocket science.

 

[taylor812]

It doesn't matter what you or I find offensive Taylor. The point of this entire discussion is that the e-mail account belongs to the company and they have the right to set policy.

I was not saying that my opinion matters, was I, Hex? I don't like how some of your replies come across, it annoys me. Just FYI.