Decisions involving an employee’s use of the employer's electronic equipment that resulted in disciplinary action being taken against an employee
Sprague v Spokane Valley Fire Department
The full text of Mr. Srausfeld's summary of the decision is posted on the Internet at:
USDC, 135 F. Supp. 2d 623
Leo Gustafson v Town of N. Castle
45 A.D.3d 766
The employee, an assistant building inspector with the Town of North Castle, was charged and found guilty of falsifying official records with respect to where he was while on duty. The individual was assigned a town vehicle for the purpose of making field inspections in connection with his employment. The vehicle had a global positioning system installed that transmitted information to the town’s computer reporting the vehicle’s location and movements. Based on this information, the Town charged the employee with falsifying town records as to his whereabouts. This, said the Appellate Division, constituted substantial evidence to support the determination that the employee was guilty of falsifying town records.
Ghita v Department of Education of the City of New York
The employee challenged an arbitrator’s determination terminating his employment with the New York City Department of Education after finding him guilty of downloading a file of pornographic material from his AOL email account and openly viewed such pornographic material from a school computer. Supreme Court rejected the individual’s claim that the arbitrator exceeded his authority under Education Law §3020-a, and the award terminating petitioner's employment is a violation of public policy and New York State Law.
Perry v Comm. of Labor
App. Div. 3rd Dept., 283 A.D.2d 754