Comments on: No Legal Advice Here https://www.evilhrlady.org/2008/05/no-legal-advice-here.html Everything to make HR better Thu, 08 May 2008 18:25:00 +0000 hourly 1 https://wordpress.org/?v=7.1.2 By: Kevin https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2272 Thu, 08 May 2008 18:25:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2272 Alchoholics have limited protection under ADA (that’s been established already by the courts)…crazy as it sounds. What is happening, is people are trying to get “internet addiction” treated the same was as alcoholism in regards to the protections. Personally, I think it is insane that alcoholism has any protection under ADA.

]]> By: jaded hr rep https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2271 Thu, 08 May 2008 13:33:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2271 If his ego doesn’t allow him to accept he was in the wrong, then at least advise him that he is likely to waste his time and money on legal fees. The only thing a lawyer can do for him (assuming all the facts and details have been presented and the lawyer hasn’t already ascertained he has no case) is draft a whiny letter to the company citing his complaint and charge. The company’s lawyer will send a mean response with the appropriate company policy and documentation and proof that he was surfing porn sites attached. End of story, with housemate out probably several hundred bucks.

]]> By: wmstrahan https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2270 Wed, 07 May 2008 19:28:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2270 Pitch perfect answer EHRL. Two practical points.

Something tells me that the house mate is not the head of engineering or finance at a F 500 company. There are very low dollars at stake here. Getting a lawyer of any skill to take the case seems like it would be a long-shot. As an HR person I am going to bet my lawyer is smarter than their lawyer.

Second thought is – best advice to the house mate is go back and apologize for inappropriate use of the web site. Grow up and admit you screwed up. It does two things. It promotes personal growth – which is a good thing. It also might soften the response of the company to any requests to verify employment.

Just some thoughts.

Bill [HumanMarkets.com/blog]

]]> By: Anonymous https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2269 Wed, 07 May 2008 19:09:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2269 I’ve been following this for several years and to date, no one has been able to win a wrongful terminiation suit on the grounds of “internet addiction” because it is not defined as a psychological condition yet by the relevant body. If it ever comes to a point where “internet addiction” is listed as a true condition, we might see some changes in that.

Doesn’t ADA only protect workers to the extent that their handicap doesn’t interfere with their job given reasonable accommodations? Even if “internet addiction” appears in the DSM-5, someone who is online all day is probably not getting their job done.

]]> By: class factotum https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2268 Wed, 07 May 2008 13:24:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2268 Ah, but didn’t he say he had a “sex addiction?” I know someone who lost his job (as a teacher) after being busted in a prostitution sting. He lost his marriage because his wife got sick of the internet porn, the strip clubs, and the hookers. His claim? He was a sex addict! He couldn’t help it! Not his fault!

I’m glad this IBM guy hasn’t gotten anywhere. It will be a sad day for our society when someone wins a claim based on such ridiculous grounds. I’m a chocolate addict! Accomodate me!

]]> By: Kevin https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2267 Wed, 07 May 2008 13:16:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2267 Yes he did sue under the ADA, but he has not gotten very far with this case. I’ve been following this for several years and to date, no one has been able to win a wrongful terminiation suit on the grounds of “internet addiction” because it is not defined as a psychological condition yet by the relevant body. If it ever comes to a point where “internet addiction” is listed as a true condition, we might see some changes in that.

]]> By: class factotum https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2266 Tue, 06 May 2008 21:59:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2266 Why yes indeed there was:

http://technology.timesonline.co.uk/tol/news/tech_and_web/the_web/article1407070.ece

He looked at porn to relieve his PTSD from serving in Vietnam.

Sheesh.

]]> By: class factotum https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2265 Tue, 06 May 2008 21:56:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2265 Wasn’t there some guy at IBM or an auto company who was fired for using the work computer to look at porn and sued, saying he was a sex addict?

]]> By: Evil HR Lady https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2264 Tue, 06 May 2008 20:51:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2264 ms bart, I’m sure we can find a lawyer to represent us. Just the fact that restaurants automatically put it on perfectly good sandwiches and we have to ASK to not have any has given me years of stress.

And let’s not talk about the times where they have made a mistake and given me a hamburger with that evil slime on it.

]]> By: Ms Bart https://www.evilhrlady.org/2008/05/no-legal-advice-here.html#comment-2263 Tue, 06 May 2008 20:44:00 +0000 http://localhost/wordpress/2008/05/no-legal-advice-here.html#comment-2263 As my condo assn lawyer says everytime a wackadoo resident wants to sue, the beauty of the US is that anyone can try to sue anyone else anytime. (Think of the revenue this opinion can generate for her!) I’d recommend this reader not get involved and find a new roomie. (The stress of paying rent will soon takes it toll, no doubt!)

Now, where can I sign up for a class action suit against mayonnaise and it’s advocates? Cause that stuff is slimy (and not particularly healthy).

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