Judge: Web-surfing worker can’t be fired

I saw over at NBCNews that a judge has said that a worker can’t be fired for surfing the web at work. He compares it with reading a newspaper and talking on the phone:

In his decision, Spooner wrote: “It should be observed that the Internet has become the modern equivalent of a telephone or a daily newspaper, providing a combination of communication and information that most employees use as frequently in their personal lives as for their work.”

He added: “For this reason, city agencies permit workers to use a telephone for personal calls, so long as this does not interfere with their overall work performance. Many agencies apply the same standard to the use of the Internet for personal purposes.”

He might have added that the Internet today is no luxury, even though most companies and people still see it as such. It is as essential as having access to clean water, electricity and means of communication. I am never going to work for any company where I have a computer on my desk, but can’t access the Internet without restrictions, especially if it is a technology company. If you come across a company with such policies, it is a clear indication that they’re stuck somewhere in the stone age.

I’ve always wondered why companies still insist on limiting access to the Internet for their employees or banning instant messaging programs. If an employee doesn’t get his job done, limiting access to the Internet because he might be browsing all day long won’t solve the problem. He’s just going to find something else to do if he really doesn’t feel like working. Limiting access to Internet and restricting employees more and more based on a lack of performance is a very childish approach to solving the problem.

I’ve always had the belief that you should be able to trust an employee (if not, why did you hire him anyway?), and allow sufficient flexibility so that he can feel free at work and do his job. You should be able to trust him in that he is responsible and that he will get the job done properly. If he wants to browse the Internet or chat often, no problem, as long as his performance at work is excellent. And even if his performance is not very good, limitations of any kind won’t solve the problem. You’re better off trying to find out why he’s not motivated to work and see if that can be solved. And if not, you should be looking for a replacement.

Pingbacks

  1. Karel Donk » Archive » Unlock work internet or risk losing staff (24/08/2006)

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