Version: 2008

Comments on: Police Blotter: Fired worker blames porn on malware

Respiratory therapist, fired after porn bookmarks were found on a hospital computer, unsuccessfully uses the virus-did-it claim.

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The fired employee should be rehired.
by inachu October 3, 2007 6:59 AM PDT
not a week goes by at my job where I have to reinstall Windows XP because of porn malware using backdoors in the OS to put links and otehr software that further the goal to show even more porn in popups that the user never asked for.


Is the Hospital wrong for firing? Yes.
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Agreed
by envy21 October 3, 2007 10:32 AM PDT
Hospital (along with the judge) needs to get a course on "virus 101". There are much more advanced viruses that will put stuff on your computer that a basic user (health therapist) would never know.

Firing an employee based on stuff found on a common computer shared across multiple users is just plain INJUSTICE. What happened to "Innocent till proven guilty" ???

This poor guy will have to carry this badge of disgrace all his life, across jobs, social circle, relatives etc...
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Stupid but legal
by dmm October 3, 2007 8:14 AM PDT
The way I read the judge's opinion, it sounds like Indiana is not a "right to work" state, i.e., employers can fire employees any time they want without cause. There are a few exceptions, and the fired guy tried to shoehorn his case into those exceptions, but the judge didn't buy it.

He should have argued instead for sexual discrimination, which falls under federal law. If he could have shown a history of discriminatory treatment, with this firing on flimsy evidence as the culmination, then he would have stood a chance.

Bottom line: Under Indiana law, the judge made the right decision. But the hospital was stupid to fire the guy, unless there is more to the story that we haven't heard about. (And neither side has any motivation at this point to tell the public any further bad stuff about the guy, if there is any.)
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Canned for other reasons
by SteamChip October 3, 2007 8:33 AM PDT
Only someone totally STUPIDO would bookmark porn sites at work.

Probably BADWARE or some such, but I suspect the hospital was looking for an excuse to remove him and this was most convenient.

Unfortunatly he will have to fight this or it WILL haunt him on other jobs he applies for.
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How Does It Even Matter?
by Logotrope October 3, 2007 9:34 AM PDT
It's interesting that looking at pornography is considered to be unquestionably a firing offense, as if some moral outrage had been perpetrated. It's all part of the same Christian Right mentatilty that prevents PBS stations from allowing curse words in a war documentary. It seems to me the only real offense involved is wasting time at work--but then far more of that is done on entertainment, shopping, auction, and social networking websites, which likely won't get an employee summarily fired.
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mentality?!?
by SteamChip October 3, 2007 12:12 PM PDT
quote>>It's all part of the same Christian Right mentatilty<<

I could be wrong, BUT Somehow, for some reason i don't think athistic Communist Chinese mentality would allow it either
and "summary firing" of another sort may occur.
Let me guess...
by yipcanjo October 3, 2007 12:33 PM PDT
....you're "single", right? Perhaps living at home still??

If you *honestly* cannot see the issue with looking at pornography at work -- and at a hospital, no less -- then I suggest you have deeper, darker issues to deal with.

Get your head on straight.
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Mixing issues
by Phillep_H October 5, 2007 6:24 AM PDT
A nurse has unsupervised access to physically helpless and emotionally vulnerable people. Health care professionals should put aside sexuality on the job (barring being a member of a sexual health care profession, and I think even California shut that down, as good an idea as it might be).

As for your incredibly naive and provincial statement regarding "Christian Right mentality", may I point out that the various Leftist regimes (Communist, Socialist, and Fascist) killed people for viewing porn? And that you can get your head sawn off for viewing porn in some Moslem countries? Anyone trying to persuade you that intolerance is unique to Christianity, or any other ideology, is trying to make a fool of you.
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