Читать книгу Employment Law Update - Jonathan Ingber - Страница 41

Bob worked as a senior executive for an insurance company, TBG. Bob was provided two computers by TBG, one for use at work and one for use at home. Bob signed TBG's “electronic and telephone equipment policy statement” that stated the computers would not be used for “improper, derogatory, defamatory, obscene, or other inappropriate purposes.” Three days before Bob would become vested in TBG shares worth over $1.2 million, TBG terminated him for “repeatedly accessing” explicit websites on the internet while he was at work.

Bob sued TBG for wrongful termination, claiming the inappropriate websites popped up involuntarily. In response, TBG moved to compel Bob to produce the home computer, saying it wanted that computer to confirm whether Bob had accessed similar websites from his home computer. Bob argued that the home computer had personal email and other information that belonged to him, his wife, and children, and that he had a reasonable expectation of privacy while using the home computer. He also accused TBG of using a “scorched earth” litigation strategy, noting that he and other TBG executives anticipated that home computers would be used for personal purposes and were “perks” provided to senior executives. TBG argued that Bob could not seriously claim he had a reasonable expectation of privacy, having signed the electronic and telephone equipment policy statement.

You are the judge in the case. How would you decide the issue?³