Legal Question in Civil Rights Law in Maryland

Re: Computer Spyware in the workplace

Not necessarily. There is no expectation of absolute privacy in the workplace since you are in a public space and all the equipment, supplies and offices belong to the employer. However, the better practice is for the employer to have a policy warning that it has the right to view computer info and monitor phone calls. Otherwise, there may be some potential privacy claims or violations of wiretapping or other laws.

But if you were in fact guilty of viewing non-work sites which are inappropriate (this would be theft of company time and possibly violation of a sexual harassment or gambling or other policy depending on the sites you viewed), then you might consider taking responsibility rather than looking to blame the employer for holding you responsible.

On the other hand, if you viewed the sites on your own time (breaks, lunch, etc.) and there is no policy against using the computer for personal use and there is no policy warning that the computers are being monitored, then you might have a claim. But it would probably require a long and expensive law suit which is probably not worth your effort.

Last, if you think action was taken against you because of a discriminatory reason (age, sex, religion, race, etc.), and other people have done the same but not been discharged, you could bring a complaint with the EEOC or a state or county human rights commission.

You can also file for unemployment benefits. The employer might oppose you, but it does not sound like your action was the type of "gross misconduct" necessary for the Unemployment Commission to deny benefits.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Good luck.