[olug] MPAA toolkit

Bill Brush bbrush at gmail.com
Fri Nov 30 21:00:21 UTC 2007


On Nov 30, 2007 2:43 PM, Jim O'Gorman <jameso at elwood.net> wrote:
> On 11/30/07, Bill Brush <bbrush at gmail.com> wrote:
> >
> > >
> > > Will that hold up in court if they file for unemployment?
> > >
> >
> > As long as the company has clear computer use policies and employees
> > are aware of those policies, then the company is covered vs litigation
> > if they fire someone.  In "at-will" states like Nebraska a fired
> > employee has very little recourse if fired unless he is either a)
> > covered by some sort of union CBA, or b) able to show that his
> > termination was unlawful due to the Civil Rights acts (typically VII.)
> >
>
> Other part of this is the uniformity of enforcement of the policy. You can't
> just enforce on one person when you don't like them, and ignore violations
> from everyone else.
> That is why when you write the enforcement section of a policy you have to
> ask yourself "Would this be enforceable against the CEO? Against the CEO's
> son who works in the mailroom?" You can only go with the strongest action
> that will be uniformly applied across all affected parties of the policy.


Absolutely.  If you can show that the boss ignored policy for these 10
people for extended periods and nuked you from orbit on your first
offense you probably have a case.  Now whether or not that case is
worth litigating is another story.

Bill



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