Legal Question in Employment Law in California

Pornographic Web Surfing

Okay, this embarrassing, but in CA., I'm busted by my company computer security for surfing porn sites (no child porn, I swear). The company wants me to sign a statement that I didn't do it (a setup, I believe). I'm sure the evidence is overwhelming. So far I haven't said anything and have not agreed to a statement. I told them I would get back to them this week. Most likely, they will walk me out the door, but I am willing to terminate voluntarily. I don't think I should submit any statement w/o consulting an attorney and, even then, I think I should only give them a resignation. What is the smart step for me to take next? Is there a potential for liability or is this a crime?


Asked on 2/20/01, 6:19 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Pornographic Web Surfing

I can't advise you what to do but you should know that you do not have to sign anything. If you think your career with this company has come to an end resigning is an option. But before doing so, I would discuss my options with the employer first. One important question for you to ask is what the company will say about you if contacted by prospective employers. Another factor to consider is that by resigning you probably will not be eligible for unemployment. Good luck.

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Answered on 4/03/01, 12:35 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Pornographic Web Surfing

The next smart step would be to consult an attorney before you do anything. Your situation is not in a clear-cut area of law and only someone with all the facts will be able to properly advise you.

It is not illegal for an adult to surf porno web sites (at least not in California), but it may violate your company's policy if they have a written policy covering computer use. Also keep in mind that if you are doing this while being paid, you are stealing time from the company.

It is puzzling that your company would ask you to sign a statement saying you DIDN'T do it--did they explain the rationale for this? I'd be interesting in knowing why they ask this.

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Answered on 4/03/01, 3:08 pm


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