I had begun to worry about the amount of time my employees were spending on their computers as well as the types of activities they are using them for. My main concern was about the time they were spending on personal activity, email, shopping or just surfing.

Long story short; I saw a review in PC Magazine for a product called Spector 360. I purchased it and was able to see all the activity that took place on our network. I was a little alarmed at the amount of time some of our employees were spending doing nothing, but that was something that can be corrected, now that they know I am watching I don?t think there will be a problem in the future.

My main concern is with one employee that was downloading not only quite a bit of copyrighted material (music, pirated software) but some really objectionable stuff as well. I feel I have no choice but to terminate him both for the sheer outrageousness of his behavior as well as my potential liability.

My question is does anyone know the legality of firing him? I am located in Florida (a right to work state). He was on a company computer in our building. Also I have absolute proof what he was doing, the software recorded screenshots, keystrokes, file names and locations, and you name it. He doesn?t have a leg to stand on as far as claiming innocence goes.

Are there any other legal ramifications I should be thinking of here?

Ted,

If you haven't addressed this situation yet, one option to consider is to confront the slacker with the objectionable materials he has downloaded.

Then, give him the option to resign, quit, or just not return from lunch. If he does any of the above, your problem should be solved.

I'm not a lawyer, and don't portray one online, so you might want to discuss this option with your lawyer for his input on Florida law.

If the perpetrator has downloaded any materials violating Florida law, you may be required to turn evidence over to law enforcement. If he opts to quit, you could possibly just delete your tracking files on him, and have his hard drive and any back ups wiped clean.

Dennis

Dennis Bevers
BASSCO, Inc.
Full-time, home-based, self-empolyed since 1987.
Dealers needed-US residents only!

Fl being a right to work state should only come into play if there is a collective bargaining agreement in place. This doesn't sound like your situation. More important is Employment at Will.

"any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work"

No cause at all is the key part of this doctrine. Firing can get ugly, you have to protect yourself. Here are 2 key factors that have worked for me.

1) Fire the person with a witness, never by yourself
2) Give no cause for the termination of employment. It's an uncomfortable discussion but your safest.

Legally you don't have to give cause. Firing for good cause can be argued, No Cause is difficult to argue. As long as you do not have an employment contract in place. Fl in the past has not been favorable to employment at will exceptions.

With this info check with an attorney.