college suspension

[wisterya]

What is the name of your state (only U.S. law)? Georgia

My son is in college and has got into a situation that we do not know how to fight. His girlfriends ex boyfriend accused him of using his access to the school system to spam him. My son was a part time worker in the financial aid office. He was not in the work study or student worker program, but actual part time. It was shown that he did not use the system to do this, but the firewall log shows that 2 Google searches were made that the school says is suspicious. One was " how to steal someones identity" and the other was "how to send annoying emails". We realize that the log proves that was searched from his work computer, but it does not prove he did it. The computer is in an office that many students come in and out of and his job called for him to be in and out of his office for long periods of time. The computer is not set to lock and stays open. They said that this information that was found is enough to fire him, which was done, but also enough for a disciplinary action. He must go to a hearing and they have said they want to put him on 2 years probation and he must write a letter of apology to the boy who claims he was spammed. We don't feel that they had the right to fire him let alone be able to seek a disciplinary action against him since they cannot prove it was him who was physically at the computer at the time these Google searches were made. Any advise?

 

[Antigone*]

What is the name of your state (only U.S. law)? Georgia

My son is in college and has got into a situation that we do not know how to fight. His girlfriends ex boyfriend accused him of using his access to the school system to spam him. My son was a part time worker in the financial aid office. He was not in the work study or student worker program, but actual part time. It was shown that he did not use the system to do this, but the firewall log shows that 2 Google searches were made that the school says is suspicious. One was " how to steal someones identity" and the other was "how to send annoying emails". We realize that the log proves that was searched from his work computer, but it does not prove he did it. The computer is in an office that many students come in and out of and his job called for him to be in and out of his office for long periods of time. The computer is not set to lock and stays open. They said that this information that was found is enough to fire him, which was done, but also enough for a disciplinary action. He must go to a hearing and they have said they want to put him on 2 years probation and he must write a letter of apology to the boy who claims he was spammed. We don't feel that they had the right to fire him let alone be able to seek a disciplinary action against him since they cannot prove it was him who was physically at the computer at the time these Google searches were made. Any advise?

They do have a right to fire him. He was an at-will employee. The school also has the right to take whatever administrative action they deem appropriate.

 

[>Charlotte<]

First, the obvious: "anybody" could have done it, but this mysterious "anybody" just happened to do it to harass your son's girlfriend's ex? That doesn't seem very likely.

Secondly, they do have the right to fire him. Even if he's not guilty of whatever it is they fire him for. It's a issue of at-will employment.

 

[Humusluvr]

What is the name of your state (only U.S. law)? Georgia

My son is in college and has got into a situation that we do not know how to fight. His girlfriends ex boyfriend accused him of using his access to the school system to spam him. My son was a part time worker in the financial aid office. He was not in the work study or student worker program, but actual part time. It was shown that he did not use the system to do this, but the firewall log shows that 2 Google searches were made that the school says is suspicious. One was " how to steal someones identity" and the other was "how to send annoying emails". We realize that the log proves that was searched from his work computer, but it does not prove he did it. The computer is in an office that many students come in and out of and his job called for him to be in and out of his office for long periods of time. The computer is not set to lock and stays open. They said that this information that was found is enough to fire him, which was done, but also enough for a disciplinary action. He must go to a hearing and they have said they want to put him on 2 years probation and he must write a letter of apology to the boy who claims he was spammed. We don't feel that they had the right to fire him let alone be able to seek a disciplinary action against him since they cannot prove it was him who was physically at the computer at the time these Google searches were made. Any advise?

I think the firing and discipline is going to come down to computer access. I know that at my University, students have a login name and password. No computer is just left open for anyone. So, if your son was logged in at the time of the Google searches, then they are attributed to him, because he was logged in and the actions happened to this other student. I would say that is enough to fire and discipline him. They don't have to prove he was physically there. If he was logged in, he was there.

So, to prove his innocence, he will have to show he wasn't logged in to the computer. If he can't do that, then he is essentially guilty.

 

[cbg]

And just to make sure it is clear; in 49 out of 50 states, including Georgia (and in some circumstances in the 50th state), he can be fired at any time and for any reason not specifically prohibited by law. They DO have a right to fire him because the law does not say that they cannot.

Is it fair? Maybe not. But the law does not require fair. It IS legal and is IS within the employer's rights.

 

[Humusluvr]

And just to make sure it is clear; in 49 out of 50 states, including Georgia (and in some circumstances in the 50th state), he can be fired at any time and for any reason not specifically prohibited by law. They DO have a right to fire him because the law does not say that they cannot.

Is it fair? Maybe not. But the law does not require fair. It IS legal and is IS within the employer's rights.

Totally agreed. Making inappropriate Google searches from a work computer would definitely be grounds for termination.

 

[>Charlotte<]

Totally agreed. Making inappropriate Google searches from a work computer would definitely be grounds for termination.

But let's be very clear before OP posts that he didn't do the searches: it doesn't matter. Even if the employer is wrong and he didn't do it, they can still fire him.

 

[cbg]

Exactly. It is within the employer's rights to fire him if they SUSPECT he did inappropriate searches, even if they are wrong.

It is, in fact, within the employer's rights to fire him even if they KNOW he did not do anything wrong and simply feel like firing him.