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Official Blog of the AALS Section on Contracts

Cases: E-mail abuse leads to termination

Violating the employer’s e-mail policy is a valid reason for termination, according to a federal district court in Pennsylvania.  In the case, the employer had a policy which stated:

Use of Company resources, including computers, e-mail or the Internet for other than Company business functions is a violation of Company policy. This applies at any time (working hours and non-working hours, including lunch). Inappropriate use of Company time and resources (including…E-mail) can result in disciplinary action up to and including termination…Use of Company computers, E-Mail, and the Internet is monitored to ensure proper use.

The employee was fired after the employer investigated high-volume e-mail users.  Since the employee conceded that he had in fact sent or received e-mails in violation of the policy, his dismissal was appropriate, despite his claims that the real reason was age discrimination.  The court overturned a contrary decision by the EEOC.

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