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Legality of Computer Servalence

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This employee is not a team player and he will use these things against us:

1) He has a physical Disability
2) Is Homosexual
3) Threatens the company
4) We had software application license issues

We have a application called SPECTOR installed on his PC and it records every action. We have compiled 70+ pages of proof of violates. What we want to know is if anyone has legal advice about the proof. Can we legally fire him for the recordings that were made without him knowing it? Thesepages include personal emails with sexual content. The last question is how would I approach firing him? I am just so concerned this will turn out with the cops showing up and this is so vital that we don’t have a conflict.

Thanks.

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Legality of Computer Servalence

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You mention violations. Of what, law or comapny policy?

I any case, the question is, did he have an expectation of privacy? Is there a clear company policy about privacy that has been communicated to employees? For example, every time a user logs on here where I work, there’s a waning message that there is no expectation of privacy in anything you do, INCLUDING EMAIL. That’s very important.

Next, you mention software license issues. Is he using pirated or stolen software? That is acriminal offense and reason enough for firing him (and gets around whether you had the right to spy on his workstation or not).

Legality of Computer Servalence

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Legality of Computer Servalence

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Part of my answer was cut off. You mention personal emails. Is there a clearly communicated company policy forbidding using company equipment for personal business? If so, that would be grounds for termination.

Legality of Computer Servalence

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Legality of Computer Servalence

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If I read that correctly it looks as if he might turn the company in for software license violation if he is “caught”. There’s not too much you can do about that. I work for a law firm where we make it clear that the equipment is company property and the we reserve the right… No questions later. We have had a problem or two but nothing as bad as yours. People are usually so embarrassed by it they will do anything to make sure it is not public. You can make a public policy statement and then continue to collect data..probably best that way. Remember this, companies do get sued over “hostile workplaces” when someone walks in on someone looking at porn. Protect yourself.

Legality of Computer Servalence

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Legality of Computer Servalence

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I am not a lawyer.

So, first thing, consult a lawyer. This will be a legitimate business expense.

Be prepared for the lawyer to take a view similar to this:

The equipment belongs to the company and exists to perform work for said company. There is no privacy issue here. The employee misused resources that were given to him for work purposes. You have seventy pages of documented violations.

Have the lawyer review the stuff on a piece by piece basis. He may feel that some is inadmissable, but only confront the employee with the stuff that the lawyer approves. If the employee tries to sue, then you let the lawyer squash him like a bug.

If the issue comes up again, consult a lawyer BEFORE conducting survaillance of an employee terminal.

jeff s
spanish support analyst

Legality of Computer Servalence

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Legality of Computer Servalence

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PS: Resolve your licensing issues!

Legality of Computer Servalence

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Legality of Computer Servalence

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I think others have covered the privacy v. corporate resource issue. For the license issues, is this licenses the employee is violating, or is it the organization is not in compliance.

If it is the latter, your organization needs to put forth good faith to resolve the issue. Track down your purchase history/PO’s and physical licenses. Then manually or using a tool (MS SMS, HP DTA, IBM Tivoli, etc), collect the software inventory on the systems. Then work with your vendors to get to compliance. If you are attempting to get back to compliance, most vendors will not call out the software police, so long as you are maintaining due diligence and good faith.

Legality of Computer Servalence

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