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IBM Fires Man over Internet Use
Techtree News Staff, Feb 18, 2007 1707 hrs ISTAccording to an Associated Press report, one James Pacenza (58) from Montgomery is suing IBM for firing him for visiting an adult chat room...
According to an Associated Press (AP) report, one James Pacenza (58) from Montgomery is suing IBM for firing him for visiting an adult chat room at work. Pacenza claims he is an Internet addict who needs sympathy/treatment and not dismissal.
Pacenza recalls that he developed post traumatic stress after seeing his best friend killed during a Vietnam Army Patrol in 1969. After which, he became a 'sex addict', and with the development of the Internet, an 'Internet addict'.
Michael Diederich, Pacenza's lawyer, claims his client did not visit any pornographic sites at work, did not violate any written IBM rule, and did not surf the Internet any more or any different than other employees. Diederich attributes IBM's behavior to age discrimination, saying Pacenza was on the verge of retiring in one year's time.
Meanwhile, IBM denies charges of age discrimination, and maintains that the plaintiff was discharged because be visited an Internet chat room for a sexual experience during work, after being warned against the same earlier.
Pacenza, a machine operator at an East Fishkill plant that makes computer chips, used to be idle for a couple of minutes many times during the day. It was at one such time on May 28, 2003 that he logged onto a chat room from a computer at his work station.
His lawyer maintains that on that day, he had returned from visiting the Vietnam Veterans Memorial in Washington, then logged onto a site called ChatAvenue, and then to an adult chat room.
In his defense, Pacenza says IBM encourages use of the Internet at work as a form of self medication for post traumatic stress. He says that though he tries to stay away from chat rooms at work, on that particular day, he felt the need to engage in chat talk to divert his attention from thoughts of Vietnam and death.
He added that he was tempting himself to perhaps get involved in some titillating conversation.
While Pacenza says he was called away before getting involved in any online conversation, a co-worker who went to Pacenza's station reports seeing some chat entries, including a vulgar reference to a sexual act. Reporting the discovery to the boss led to Pacenza's being fired the next day.
Pacenza argues he would have understood - had IBM disciplined him for taking an unauthorized break, but that firing him is too extreme an action. He says there have been worser offenses where other workers have been let off without severe punishment. For instance, a couple who was caught having sex on a desk, were simply transferred.
All said and done, the latest case - if it goes to trial, may affect how employers regulate employees' Internet use (non-work related), or how Internet overuse is categorized medically.
Pacenza recalls that he developed post traumatic stress after seeing his best friend killed during a Vietnam Army Patrol in 1969. After which, he became a 'sex addict', and with the development of the Internet, an 'Internet addict'.
Michael Diederich, Pacenza's lawyer, claims his client did not visit any pornographic sites at work, did not violate any written IBM rule, and did not surf the Internet any more or any different than other employees. Diederich attributes IBM's behavior to age discrimination, saying Pacenza was on the verge of retiring in one year's time.
Meanwhile, IBM denies charges of age discrimination, and maintains that the plaintiff was discharged because be visited an Internet chat room for a sexual experience during work, after being warned against the same earlier.
Pacenza, a machine operator at an East Fishkill plant that makes computer chips, used to be idle for a couple of minutes many times during the day. It was at one such time on May 28, 2003 that he logged onto a chat room from a computer at his work station.
His lawyer maintains that on that day, he had returned from visiting the Vietnam Veterans Memorial in Washington, then logged onto a site called ChatAvenue, and then to an adult chat room.
In his defense, Pacenza says IBM encourages use of the Internet at work as a form of self medication for post traumatic stress. He says that though he tries to stay away from chat rooms at work, on that particular day, he felt the need to engage in chat talk to divert his attention from thoughts of Vietnam and death.
He added that he was tempting himself to perhaps get involved in some titillating conversation.
While Pacenza says he was called away before getting involved in any online conversation, a co-worker who went to Pacenza's station reports seeing some chat entries, including a vulgar reference to a sexual act. Reporting the discovery to the boss led to Pacenza's being fired the next day.
Pacenza argues he would have understood - had IBM disciplined him for taking an unauthorized break, but that firing him is too extreme an action. He says there have been worser offenses where other workers have been let off without severe punishment. For instance, a couple who was caught having sex on a desk, were simply transferred.
All said and done, the latest case - if it goes to trial, may affect how employers regulate employees' Internet use (non-work related), or how Internet overuse is categorized medically.
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(7) Comments
anonymous
,Delhi, on Feb 19, 2007 02:37 PM
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avenger
,Chennai, on Feb 19, 2007 11:19 AM
Dinesh Gupta
,Gurgaon, on Feb 19, 2007 11:12 AM
Goutam Dey
,Kolkata, on Feb 18, 2007 11:22 PM
badvt
,Chennai, on Feb 18, 2007 07:52 PM
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