Inappropriate E-mail Use By Employees Can Constitute Cause For Dismissal

Increased usage and reliance on the Internet creates new challenges for both employees and an employer's human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use at work. The case law reveals certain trends which can be used as guidance when navigating the issues surrounding Internet use in the workplace.

Termination for Cause

In particular, employees who send or receive inappropriate (pornographic, racist, or otherwise obscene) e-mail while at work, or using a work e-mail address, could lose their job. There are various factors that the Court will consider in determining whether an employer has cause to terminate an employee for inappropriate e-mail use. Even if inappropriate e-mail is sent to, as opposed to by, an employee, the employee can be terminated if the employee forwards the messages to other employees and does nothing to stop the incoming messages. In addition, the Courts have held