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Judge Rules in Favor of Websurfing at Work

MirrororriM writes "According MSNBC article, a judge has ruled in favor of a worker that was repeatedly warned for surfing the internet on company time. Only a "reprimand" is a fitting punishment - not termination. From the article: '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.'"

279 comments

  1. I love my job! by crazyjeremy · · Score: 5, Funny
    So, they give me a laptop... I get multple T3 internet connections, pay me to work... free bagels on Fridays, free coffee every day, and they can't fire me for searching for funny pictures and adding them to http://users.mtrx.net/funnypics?

    Wow... cool!

    1. Re:I love my job! by Quaoar · · Score: 5, Funny

      This is Jerry, you know, your boss? You're fired. Be sure to return your office supplies to Karen on your way out.

      --
      I'll form my OWN solar system! With blackjack! And hookers!
    2. Re:I love my job! by catch23 · · Score: 5, Funny

      This is Kevin, your boss. You can given Karen your office supplies too. I am not going to babysit kids posting on Slashdot during working hours.

    3. Re:I love my job! by fusionfoxdotcom · · Score: 1

      Let's face it. Nobody's job is as interesting as the internet or funny pictures. Surfing is a way of life in the workplace. Take it away and you produce negative morale and make your employees hate you. The net is a must.

    4. Re:I love my job! by TWX · · Score: 5, Funny

      This is Karen, your office manager. I don't want your damn office supplies, putting them away distracts from my time spent surfing the web. Just pretend that you used them up and throw them in the trash can on your way out...

      --
      Do not look into laser with remaining eye.
    5. Re:I love my job! by Isotopian · · Score: 1

      This is God. You can all drop your office supplies into a volcano, then follow them.

      --

      It's poetry with a beat behind it! And guns! They're like beatniks with automatic weapons.

    6. Re:I love my job! by shigelojoe · · Score: 1

      This is Simon, your venture capitalist. A check for $50,000 is on it's way via courier. Buy a new supply closet for Karen. Spend the rest on bagels and coffee.

    7. Re:I love my job! by Edzor · · Score: 2, Interesting

      what i want to know is who the hell coined the phrase to "..surf the internet"? and did he die in a suitably painfully way?

    8. Re:I love my job! by Golias · · Score: 5, Funny

      Hi Karen, this is Ed, the CEO.

      Sorry your web surfing was interrupted by fired employees trying to hand you old office supplies. Please, please, don't quit. As you know, without a good office manager, the whole company is doomed because all executives are helpless children. A fruit basket has been sent to your desk, and your clothing stipend will be doubled. Also, your job title has been escalated yet again, from "secretary" to "receptionist" to "office manager" to "company overlord."

      Thank you for your patience, and also for helping me write this. Why don't you take the afternoon off for another massage? We'll get a temp to handle the phones for you, as usual.

      --

      Information wants to be anthropomorphized.

    9. Re:I love my job! by stefanb · · Score: 1
      searching for funny pictures and adding them to random URL

      Oh man, the next time you're going to promote your grandiose personal site in a thinly concealed frist psot, make sure it holds up at least...

    10. Re:I love my job! by LiquidCoooled · · Score: 5, Funny

      Hi, this is Joe, your ex loyal customer.
      Since you lot spend so much time posting on slashdot, I found another vendor.

      Joe.

      --
      liqbase :: faster than paper
    11. Re:I love my job! by Mithrandir · · Score: 2, Funny

      Gah! How many times do I have to keep reminding you not to use the volcanos as your personal trash disposal? Now look what you've done! You've stirred up another Balrog. I ain't gonna deal with this one. Look what happened last time! You can sort this one out for yourself! Bah, I'm going on holiday. Say, where did those little ones go? I could do with some more weed. Helps relax you know....

      --
      Life is complete only for brief intervals in between toys or projects -- John Dalton
    12. Re:I love my job! by geminidomino · · Score: 5, Funny

      Joe, this is your wife.

      Since you spend all your time posting on slashdot and looking for vendors, I'm leaving you for the metermaid.

    13. Re:I love my job! by pembo13 · · Score: 1

      One might consider this the infamous "Internet Addiction"

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    14. Re:I love my job! by LordOfTheNoobs · · Score: 2, Funny

      And Joe, this is the metermaid. I'm skipping town with your wife. Don't forget to drop the check for last months bill in the mail. It's expensive in Hawaii this time of year.

      --
      They're there affecting their effect.
    15. Re:I love my job! by Ethan+Allison · · Score: 1

      Hi, this is the meterman. I don't want you hitting on me. I'm perfectly comfortable banging tons of girls that not only love metermen, but are much more attractive than you could ever possibly be, you ugly skank.

    16. Re:I love my job! by fm6 · · Score: 4, Funny

      Joe's wife, this Jerry Fallwell. You know you're going to hell, right?

    17. Re:I love my job! by WgT2 · · Score: 1

      Well, if you won't get fired for web surfing, you're sure to get fire for slashdotting your boss's website!

      D'oh!

    18. Re:I love my job! by moochfish · · Score: 4, Funny

      This is Rob, your janitor.

      Please stop filling up the garbage can with office supplies. It makes the trash heavier. I hate surfing the web in sweaty clothes.

    19. Re:I love my job! by NMerriam · · Score: 5, Funny

      This is Xenu, the intergalactic overlord. Your volcanoes are full of alien spirits that are the root cause of all pain on Earth. Just leave the office supplies at Tom Cruise's place.

      --
      Recursive: Adj. See Recursive.
    20. Re:I love my job! by bluephone · · Score: 5, Funny

      Jerry? This is God. I know what you do in the basement with the donkey and the swing. Stop talking for me or I'll persuade Conchita (you know, the maid you imported from San Salvador?) to drop those tapes off at CNN.

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    21. Re:I love my job! by kimvette · · Score: 4, Funny

      Hi, Tom? This is John Travolta. You can come out of the closet now. We know Katie got pregnant thanks to the local sperm bank. You can stop pretending now!

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    22. Re:I love my job! by LunaticTippy · · Score: 1

      Mark McCahill. Also responsible for gopher. Not yet!

      --
      Man, you really need that seminar!
    23. Re:I love my job! by linvir · · Score: 1
      It's all part of a grandiose scheme by CompUSA to infiltrate popular speech and then hit hard with a devastating advertising campaign revolving around a remake of a successful Beach Boys song. It'll go "Everybody's gone surfin'! To CompUSA!". Their resulting unprecedented economic success will enable them to literally take over the world, and they will rule with an iron fist, raining reasonably priced justice upon dissenters.

      This, my friends, is the level of evil we are dealing with here. Only an evil this profound and calculating could concoct such an insidious phrase.

    24. Re:I love my job! by way2trivial · · Score: 2, Interesting

      http://groups.google.com/group/bit.listserv.buslib -l/msg/859202dfa2d24395?dmode=source&hl=en

      Go ahead, try and find an older cite..

      I leave looking into the details of his life up to you....

      --
      every day http://en.wikipedia.org/wiki/Special:Random
    25. Re:I love my job! by Anonymous Coward · · Score: 0

      This is Steven, your boyfriend. Thank you for last night. Same time at my place tonight? *kiss*

    26. Re:I love my job! by AnalogDiehard · · Score: 1
      Hi Ed, this is Joe the shareholder.

      We've been seeing lots of your auctions on ebay, with starting bids during working hours. Care to explain that generous salary you're pulling?

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    27. Re:I love my job! by naoursla · · Score: 1

      I think that was me. Sorry about that. Trust me, having to live with that catchphrase is hell enough.

      At least calling web pages without Java applets "decaffeinated" didn't catch on.

      I've learned my lesson. No more inventing stupid phrases.

      Now if you wil excuse me, I have a long night of "bar crawling" the internet ahead of me.

    28. Re:I love my job! by chrislunter · · Score: 0

      Joe, this is the metermaid. Thanks.

    29. Re:I love my job! by Anonymous Coward · · Score: 0

      Er, hello God! Its me. Never saw your post on slashdot. You must be new here.

    30. Re:I love my job! by drxenos · · Score: 1

      God, this is Lord AO. Ah, you're fired, too.

      --


      Anonymous Cowards suck.
    31. Re:I love my job! by drxenos · · Score: 1

      This has got to be--hands down--the funniest thread I've ever read on Slashdot!

      --


      Anonymous Cowards suck.
    32. Re:I love my job! by rolfwind · · Score: 4, Funny

      Hello God?

      This is Nietzsche...

    33. Re:I love my job! by Xaositecte · · Score: 1

      Bah, you can't possibly exist!

    34. Re:I love my job! by Gabrill · · Score: 1

      God, this is Jesus. Please go back to the pen I put you in 2000 years ago. Nobody believes that you're not me anymore.

      --
      Always going forward, 'cause we can't find reverse.
    35. Re:I love my job! by deuist · · Score: 1

      Yaweh, this is Buddha. Take the calm road to forgiveness and realize that everyone sins.

    36. Re:I love my job! by garnetlion · · Score: 1

      God reads Slashdot?

    37. Re:I love my job! by geminidomino · · Score: 2, Funny

      Mr. Christ, my name is Mr. Stevenson. I represent United Lumber, Inc. and we'd like to talk to you about an endorsement...

    38. Re:I love my job! by mpaulsen · · Score: 2, Informative

      This is earlier, and it is already V 2.0

      http://groups.google.com/group/bit.listserv.edtech /msg/e30ac35a76c6a5a9?dmode=source&hl=en

      ---------- Text of forwarded message ----------
      Date: Thu, 10 Dec 1992 13:13:33 -0500
      From: jpo...@NYSERNET.ORG
      To: Multiple recipients of list NETTRAIN
      Subject: Surfing the Internet 2.0

      Surfing the Internet, my Wilson Library Bulletin article from 6/92, has
      been updated and is available for anonymous ftp from nysernet.org.

      Look for it in the directory /pub/resources/guides. The name is
      surfing.the.internet.2.0.txt

      It is a large file of about 64K. Its general flavor is an enthusiastic
      piece about how I used the Internet in my former life as a public
      librarian.

      There is also a lot of compiled information about how to learn about
      listservs, how to get Internet guides, gopher resources (even Veronica!),
      an annotated list of "must have" books about the Internet, and much more.

      It may be freely copied and given away for educational purposes; please do
      not sell it. I hope it is helpful to you.

      Jean Armour Polly
      Manager of Network Development & User Training
      NYSERNet, Inc.
      111 College Place Syracuse, NY 13244
      315/ 443-4120.... FAX 315/425-7518....jpo...@nysernet.org
      "NYSERNet....how to get there from here."

    39. Re:I love my job! by DrEldarion · · Score: 1

      My Comcast-rented cable modem died tonight (ethernet plug just snapped right off), so I went and bought my own. I called Comcast to give them the MAC and get things set up again, and the person on the phone actually said, "Hold on while I get this set up so you can surf the internet again."

      I felt like I was back in 1996.

    40. Re:I love my job! by The+Cydonian · · Score: 1
      God, stop beating the dead horse already!

      Okay, that wasn't that funny.

    41. Re:I love my job! by unidentified · · Score: 1

      Excuse me, John Travolta?

      It's me... Nicolas Cage. It was very rude of you to run off after our last production film together without returning a very valuable item to me. Can I please have my face back now? Seriously, you're wifes getting old....

    42. Re:I love my job! by ultranova · · Score: 1

      Let's face it. Nobody's job is as interesting as the internet or funny pictures.

      What if your job is to surf the Net looking for illegal porn or funny pictures of Mohammed ?-)

      Coming to think of it, since Mohammed married a 9-year old girl, you could propably find a pic that is both...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    43. Re:I love my job! by themusicgod1 · · Score: 1

      Mr. Stevenson, it's Satan. Your contract is running out; do you want to sign on for another 3 months? It'll only cost you your virgin daughter's soul.

      --
      GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    44. Re:I love my job! by corcoranp · · Score: 1

      Hello Katie? This is a your baby the reincarnated L. Ron Hubbard, I just talked to Xenu and he changed his mind, he want the office supplies...something about using them as bodies for alien spirits?

      --
      Peter Corcoran
    45. Re:I love my job! by Gabrill · · Score: 2, Funny

      Mr. Satan, it's Roseanne Barr. According to our contract, you'll marry me when I die. I can't wait!!!!!!

      --
      Always going forward, 'cause we can't find reverse.
    46. Re:I love my job! by caston · · Score: 0

      Hello Ron Hubbard,

      This is the Office Supplies I don't want to be used by Aliens please just let me find a good accountant or mathematician tha will make good use of me.

      --
      Beings aspergers AND pulling chicks... I enjoy the challenge!
    47. Re:I love my job! by caston · · Score: 0

      Err... We'll let you know ok

      --
      Beings aspergers AND pulling chicks... I enjoy the challenge!
    48. Re:I love my job! by CaptCovert · · Score: 1

      So... Nietzsche talks to himself?

    49. Re:I love my job! by Anonymous Coward · · Score: 0

      In my experience there's two kinds of people at work:

      Type A - that's me, the type who does flick through webpages. If you have an inquiring mind and they've given you internet access then it's hard to resist. It keeps the mind active during the dull moments in an office. I and others like me were also happy to take work home and work on it in our own time. We expected no recompense for this, because we were driven by doing a good job at the end of the day. Might have taken a little longer because of our websurfing, or coming in a little late, or leaving a little early, but our overall intentions were good.

      Type B - the type who turns up 30 minutes early, doesn't take lunch, stays an hour or two late each night and is never seen to surf the web unless it's strictly for business purposes. They're always at work, but Type B wouldn't dream of taking work home - I always thought this spoke volumes. It's all about image these days - a smart suit can hide a multitude of sins, don't judge by appearance (or surfing habits).

    50. Re:I love my job! by hopethisnickisnottak · · Score: 1

      God, this is Satan. Could you possibly make that blimp live forever? For old time's sake.

      --
      -Shaunak
    51. Re:I love my job! by fm6 · · Score: 1

      Jesus, this is your mother. Treat your father with respect!

    52. Re:I love my job! by girmann · · Score: 1

      DAMN! I missed my queue!

      --
      Nietzsche is dead. --God
    53. Re:I love my job! by drivekiller · · Score: 1

      She said "Veronica". mmm.

    54. Re:I love my job! by el_jake · · Score: 1

      Joe! This is Amy,
      You never told me you had A WIFE - you scumbag!
      Goodbye - Amy

      --
      In order to form an immaculate member of a flock of sheep one must, above all, be a sheep.
  2. Bookmarking this! by William+Decker · · Score: 4, Interesting

    I think around 99% of /.'s have been warned of this. Some of us even signing "company papers" indicating immediate termination to anyone caught surfing.

    1. Re:Bookmarking this! by networkBoy · · Score: 1

      Nope, not yet.
      Besides my boss seems to have the attitue of:
      If your work gets done I'm happy && as long as I don't get heat for your actions I'm happy
      As long as both those conditions are met I'm free to do what I want. These last few months I've been working on a kids to work day project using sound energy and resonance.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:Bookmarking this! by flosofl · · Score: 2, Funny

      These last few months I've been working on a kids to work day project using sound energy and resonance.

      You're making a mix-CD?

      --
      "This calls for a very special blend of psychology and extreme violence" - Vyvyan "The Young Ones"
    3. Re:Bookmarking this! by lancejjj · · Score: 1

      This ruling does not apply to you unless you are employed under the same contract and the same situation as that other dude.

  3. I think I speak for all of us when I say by $RANDOMLUSER · · Score: 2, Funny

    Woo Hoo!!

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  4. On the other hand... by flogic42 · · Score: 4, Funny

    On the other hand, most companies also have policies against spending too much company time on personal phone calls. and on the other hand, oh damn i'm out of hands. :(

    --
    Check out my women's designer clothing store.
    1. Re:On the other hand... by Anonymous Coward · · Score: 0

      ...and on the other hand, oh damn i'm out of hands. :(

      That's nasty.

    2. Re:On the other hand... by dkf · · Score: 1

      The gripping hand is that your work must get done. But as long as the work gets done, what's the problem with surfing?

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    3. Re:On the other hand... by Anonymous Coward · · Score: 0

      What do you mean that you are out of hands? Anyone who spends time on slashdot must be experienced at web surfing one handed ...

    4. Re:On the other hand... by Anonymous Coward · · Score: 0

      Or to quote Steven Wright:

      "On the other hand I have five fingers..."

    5. Re:On the other hand... by drivekiller · · Score: 1

      Back in the day, I had a friend who had a clerical job working for the great state of Florida. Well, she got fired because she could do her alotted day's work in about three hours and spent the rest of the workday reading novels. Di'n't look raht to the reguller folks what had ben ther fer 20 years waitin' fo retahrmnt.

    6. Re:On the other hand... by flogic42 · · Score: 1
      Back in the day, I had a friend who had a clerical job working for the great state of Florida. Well, she got fired because she could do her alotted day's work in about three hours and spent the rest of the workday reading novels. Di'n't look raht to the reguller folks what had ben ther fer 20 years waitin' fo retahrmnt.
      That system is absurd. Ideally: Equal pay for equal work, period.
      --
      Check out my women's designer clothing store.
  5. I can just see people trying to abuse this... by DaHat · · Score: 2, Funny

    "I don't think I should have been docked so heavily on my review this year... after all, Judge Spooner said it was ok for me to spend my time surfing and you don't want to argue with a judge do you? Best to just give me a 5/5 there... thanks."

    1. Re:I can just see people trying to abuse this... by qzulla · · Score: 1
      do you? Best to just give me a 5/5 there... thanks."

      I think you were looking for an "Mkay..." here.

      qz

  6. Simple Fix by MudButt · · Score: 3, Informative

    repeatedly warned for surfing the internet on company time

    If this was a problem, why in the world didn't they simply block outbound port 80 from the local NAT address (192.168.0.dumbass-that-won't-get-to-work) -> 255.255.255.255/0?

    You can do this type of thing on any SOHO firewall, surely they had this ability.

    1. Re:Simple Fix by mrchaotica · · Score: 1

      Maybe the guy still does need Web access for work related sites?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:Simple Fix by nurb432 · · Score: 0, Troll

      Beacuse sometimes you do need to get thru the firewall for the job..

      --
      ---- Booth was a patriot ----
    3. Re:Simple Fix by El+Cubano · · Score: 3, Informative

      If this was a problem, why in the world didn't they simply block outbound port 80 from the local NAT address (192.168.0.dumbass-that-won't-get-to-work) -> 255.255.255.255/0?

      Another possibility if your employee workstations run any flavor of Linux or BSD is to simply remove all the web browsers. Seriously. Unless your company uses apps that can only be access via the web (which I know is many nowadays), there is no need for most employees to have web browsers.

      Another possibility is to block all web traffic except through a proxy. Make the proxy authenticate. Use the proxy to allow intranet-only traffic for those people that don't need access to the public Internet.

      Any moderately-sized business should be able to accomplish this. Given that the guy in question was a city employee, I would say that the city government should invest in some decent IT people.

    4. Re:Simple Fix by caluml · · Score: 1

      I think you meant 0.0.0.0/0. Although a /0 mask would indeed cover everything, it just looks "wrong".

    5. Re:Simple Fix by shotfeel · · Score: 1

      I guess filtering software would be the next step. Its not like some companies don't do it to some degree already (for better or worse).

    6. Re:Simple Fix by Anonymous Coward · · Score: 0

      Suprisingly enough, Microsoft ISA works pretty well as a NAT Proxy in this type of situation.

    7. Re:Simple Fix by Kevin+DeGraaf · · Score: 1

      Another possibility if your employee workstations run any flavor of Linux or BSD is to simply remove all the web browsers. Seriously.

      Someone using Linux or BSD can't figure out how to sneak in a copy of firefox-x.xx.tar.gz and unpack it in his home directory?

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    8. Re:Simple Fix by MrAnnoyanceToYou · · Score: 1

      Only really true if you have a pretty close-ended job. Anyone I know in IT uses the internet all the time for technical help. Research, the same. You can lock down people doing tech support or many other call-center type things, but if they ever need extra info, they're going to need internet to produce at maximum effectiveness.

    9. Re:Simple Fix by rm69990 · · Score: 1

      /home could be mounted on a seperate partition, mounted with the noexec flag.

    10. Re:Simple Fix by warpSpeed · · Score: 1
      /home could be mounted on a seperate partition, mounted with the noexec flag.

      Unpack it in /tmp or /var/tmp...

    11. Re:Simple Fix by utlemming · · Score: 1

      Because surfing the internet was probably an excuse for firing him when they couldn't come up with another reason to fire him and have it stick.

      --
      The views expressed are mine own and do not express the views of my employer.
    12. Re:Simple Fix by coastwalker · · Score: 1

      but which site would that be that isnt blocked - if you want to learn how to do something better then there are tons of resources on the web. Smith charts today, gaussian distribution tomorrow followed by an XP powertoy that does a calculator with a scrolling history.

      I actualy believe that the web makes me more effective as a worker than the cost in company time that surfing uses. Also instead of wandering off to have a random chat in between writing the report and the conclusion, the necessary mental reset can now be filled with checking my bank balance or scanning slashdot headlines. Its a fine balance, but I know I would have made some avoidable mistakes if I had not had access to the thoughts and experiences of others on the web. Todays example was Motorola six sigma manufacturing - brilliant idea, but dont forget that it only works for a process subject to normal variation - so perfect products with 3 parts per billion fail rates are never going to happen when Joe on night shift loaded the wrong surface mount tape reel in slot five because nobody ever thought that mistake was possible. Special cause variation will keep on burying you in scrap if you think statistics can solve all your problems. So thanks to a couple of sceptical sentances on Wikipedia I have a more rounded picture of how to go about my job.

      Surfing is an addictive entertainment but it adds value if you can use the same skills you use to follow your favourite football team online to your work. Whatever the legal reason for allowing reasonable surfing at work it would be a competitive mistake to deny surfing to employees. Far better to teach people how to surf productively. - an example: I am not at work at the momment otherwise this post would deserve no more than three lines of my companies time might be a good rule to aim for :-)
      (Its probably a good rule anyway, who has time to read all those rambling posts that go on and on and on...)

      --
      Facts are history now plebs have politics for religion on social media.
    13. Re:Simple Fix by linvir · · Score: 2, Insightful

      /tmp and /var/tmp are out of bounds, if you step in them you're It.

    14. Re:Simple Fix by Anonymous Coward · · Score: 0

      "Another possibility is to block all web traffic except through a proxy. Make the proxy authenticate."

      Been there, done that. Pretty easy with a Linux box with two NICs in bridging mode, Squid, and the MSNTAuth plugin so users don't have to remember yet another username and password. Intranet sites can be allowed at the iptables level, certain Internet sites are allowed (and transparently proxied), other sites require proxy configuration and a login, other sites are denied completely. A little web interface for management to view the Squid log files grepped by username tops it off.

    15. Re:Simple Fix by Criterion · · Score: 1

      Not everyone is in IT. You know, IT controls the computers in a company... but it's the people that actually USE those computers, rather than admin them, that are doing the WORK for the company. They are the majority, and only need to do their job.. like data entry, spreadsheets, drawings, content creation, etc. They certainly don't need to be surfing for technical help on the pc's, as that is IT's job. If they need technical help for their own job, I would have to say they are not very qualified because last time I checked, you were supposed to know how to do what you get paid for.

      --
      We have enough youth, how about a fountain of SMART?
    16. Re:Simple Fix by MrAnnoyanceToYou · · Score: 1

      Data entry, spreadsheets, and drawings probably require little outside influence. However, if you get into something like content creation and your user is only able to see what is done within the company you are inviting stagnation. Stagnation is bad. Overall, I would rather be a trusted employee among other trusted employees... Doing anything else implies that an employee is very little more than a child. The "They're just drones" argument and the, "People paid to know how to do something should know how to do it" arguments don't really hold much water with me - if someone is good enough at their task to do it while distracted by external browsing, and still meet quotas, who cares? And if a techie doesn't know about the latest virus symptoms, well, good luck to you.

      What's sad about this entire thing is that as far as I'm concerned, you should be responsible for doing your job. This obnoxious little griper has managed to make it illegal to consider him responsible; they were probably looking for a way to fire him regardless, and that was just the domino that set everything else off. Noone owes you a job. If you're retired in chair, you deserve to be retired manually.

    17. Re:Simple Fix by debiansid · · Score: 1

      simply remove all the web browsers

      Meh... I use netcat anyways...

    18. Re:Simple Fix by macdaddy · · Score: 1

      Why should they have to? They told the employee numerous times to stop screwing around on the Internet. After multiple warnings they terminated him. What's the problem with that? You repeatedly tell your employee to not do something and they do it anyways. Wouldn't you fire them too? I sure would. I don't pay people to sit on their asses. If you've completed your tasks for the day, aren't on a break, and have nothing else to do pick up a damn broom and sweep the shop floor. There's always something to do.

  7. Great by Quaoar · · Score: 2, Funny

    I'll bring up this case with my boss when he confronts me about the elf porn. Whew.

    --
    I'll form my OWN solar system! With blackjack! And hookers!
    1. Re:Great by Sqwubbsy · · Score: 0, Redundant

      This is Gary, you know, your boss? You're fired. Be sure to return your office supplies to Kathy on your way out.

    2. Re:Great by Cederic · · Score: 1


      http://www.pixyland.org/peterpan/photo_closeups_pp x2.htm ??

      Oh, my bad, that's pixie rather than elf..

    3. Re:Great by Rude+Turnip · · Score: 2, Funny

      I think everyone should keep the pixyland site in their browser's history among all the pr0n links. That way if your employer brings up your surfing habits, you can claim that they're only want to fire you because you're gay.

    4. Re:Great by Anonymous Coward · · Score: 0

      Bisexual. It's generally even more disliked than being gay (if you're male) and the preponderance of other links in your history will put lie to the whole "gay" idea.

    5. Re:Great by cayenne8 · · Score: 1
      "Bisexual. It's generally even more disliked than being gay (if you're male)..."

      Of course it is!! I'd hate to be bisexual, can you imagine wanting to fuck every single person you meet????

      Instead of a 'little black book' what do you carry? The white pages???

      :-)

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:Great by heinousjay · · Score: 1

      can you imagine wanting to fuck every single person you meet

      Even if I were bisexual I'd still have a 'No fat chicks' rule.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    7. Re:Great by linvir · · Score: 2, Interesting
      Bisexual. It's generally even more disliked than being gay (if you're male)
      Bullshit. Back when gayage was illegal, being married was a sufficient defense against accusations of homosexuality. If someone tells me they're gay, I file them as "not like me"; someone tells me they're bisexual, I think "whatever, still likes girls".

      It's only broody gays that dislike bisexuals, because they're jealous of their ability to pursue homosexuality without foregoing satisfaction of their primal desire to create more people. Everyone else, including homophobes and conservatives, is happy to delude themselves by focusing on their shared desire for read/write/execute access to vaginas.

    8. Re:Great by foniksonik · · Score: 1

      If you like elf porn, you should really take a look at Bondage Fairies, one of my favorite humanoid bondage cartoon comedies....

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  8. Not valid outside NY by tepples · · Score: 5, Informative

    You won't be able to use this as binding precedent against an employer unless you live in New York. The cost of bringing a wrongful termination suit to establish a corresponding precedent in your jurisdiction may be more than you can afford. Worse yet, employment laws tend to vary greatly from jurisdiction to jurisdiction.

    1. Re:Not valid outside NY by krlynch · · Score: 4, Insightful

      And it's probably not a cover if you aren't a state government employee! It sounds like the judge applied definitions of "reasonable private use of public property" from the civil service rules of New York to a penalty against a civil service employee.

    2. Re:Not valid outside NY by shotfeel · · Score: 1

      And a key provision also seems to be, "so long as this does not interfere with their overall work performance."

      IOW if you spend too much time surfing, or talking on the phone, you can still get fired.

    3. Re:Not valid outside NY by TheSpoom · · Score: 3, Insightful

      Plus, if you bring a suit against your employer and win, you'll inevitably be fired a week later for greatly publicized gross incompetance. They'll always find something.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    4. Re:Not valid outside NY by j0eshm0e · · Score: 1

      The good news (for telecommuters): This ruling will push more companies towards telecommuting.
      The bad news (for office-dwellers): This ruling will push more companies to completely disallow surfing during work hours.

    5. Re:Not valid outside NY by einhverfr · · Score: 1

      Furthermore, this was the case of a city employee. Not sure how different it would be for an employee of a private business. I haven't read the opinion though.

      --

      LedgerSMB: Open source Accounting/ERP
    6. Re:Not valid outside NY by jimbolaya · · Score: 1

      Additionally, as the article states, the city agency had a policy permitting personal calls, if they don't interfere with work. If the agency had a policy prohibiting any calls, the worker likely could have been fired.

      --

      There ain't no rules here; we're trying to accomplish something.

    7. Re:Not valid outside NY by Nutria · · Score: 0, Flamebait

      The bad news (for office-dwellers): This ruling will push more companies to completely disallow surfing during work hours.

      Exactly. If I ran a business, I'd have all port 80 traffic blocked, except for sites directly relevant to the business.

      --
      "I don't know, therefore Aliens" Wafflebox1
    8. Re:Not valid outside NY by TheCarp · · Score: 2, Interesting

      So your going to completly ignore the nagitive impact on moral? Or how about the fact that now employees will need to actually take time off to do minor things that they otherwise could have taken just a few minutes out of their day to work on.

      For example, I recently had to pay parking tickets in a few cities around here to reregister my car. I managed it by taking a few minutes here and there over the day to contact the towns via phone and then use their websites to pay electronically (sad that both were needed).

      If port 80 traffic to non related sites was blocked (and good luck identifing all those sites, and hope you don't have anyone who actually needs the web for their job, like the technicians who fix PCs or pretty much anyone who might need to look up information or do research to put together some form of documentation), then I would have had to take an entire day off to run around and do all that.

      Lets see... maybe an hour of lost productivity... compared with... an entire day of lost productivity. Yup, sounds like blocking port 80 "wins"

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    9. Re:Not valid outside NY by Nutria · · Score: 2

      So your going to completly ignore the negitive impact on morale?

      Only the morale of whiners.

      Or how about the fact that now employees will need to actually take time off to do minor things that they otherwise could have taken just a few minutes out of their day to work on.

      Amazingly, the world survived and actually prospered prior to 1995.

      If port 80 traffic to non related sites was blocked (and good luck identifing all those sites, and hope you don't have anyone who actually needs the web for their job, like the technicians who fix PCs

      I guess you've never heard of whitelists.

      Lets see... maybe an hour of lost productivity... compared with... an entire day of lost productivity.

      An hour of lost (paid-for) productivity, versus taking a vacation day. I'm paying you to make widgets, not surf the web.

      --
      "I don't know, therefore Aliens" Wafflebox1
    10. Re:Not valid outside NY by rk · · Score: 1

      Lucky for me, you ain't paying my shit, so I can tell you to take this job and shove it. :-D

    11. Re:Not valid outside NY by andreyw · · Score: 1

      OT: but do mention your four degress of separation from V.V. Putin. Must be a great story waiting to be told.

    12. Re:Not valid outside NY by Criterion · · Score: 2, Insightful

      Oh noes!! What will we ever do without the web?

      Damn I feel old. I remember when we actually went to work to work, not surf. If there was anything on your screen that didn't directly relate to what you were working on, you got in trouble. No wonder it seems that productivity is down everywhere I look.

      --
      We have enough youth, how about a fountain of SMART?
    13. Re:Not valid outside NY by Bloke+down+the+pub · · Score: 1

      You must be really old, then. Since apparently remember the times before cakes, coffee, tobacco, newspapers and gossip were invented.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    14. Re:Not valid outside NY by lysergic.acid · · Score: 2, Insightful
      Only the morale of whiners.

      Ofcourse. Anyone who's got a complaint against a draconian office policy must be a whiner. Why not just label anyone who disagrees with you at all as a 'whiner.' You should also try the grade school favorite, "I know you are, but what am I?" That one's a real winner too.

      Amazingly, the world survived and actually prospered prior to 1995.

      Yea, and technology/the world has also changed since 1995. Making your employees work in pre-1995 conditions isn't likely to improve your business. You might as well argue that since people used to get by just fine without electricity and plumbing, that it's fine to take those amenities away as well.

      I guess you've never heard of whitelists.

      Umm... do you know what whitelists are? Pre-compiled/custom whitelists aren't going to list every website that one might legitimately visit at work. The GP's example of municiple government websites for handling traffic tickets are not likely to be on any whitelists. You simply can't predict what sites your employees are going to legitimately need to access. That's why he wrote "good luck identifing all those sites."

      An hour of lost (paid-for) productivity, versus taking a vacation day. I'm paying you to make widgets, not surf the web.

      For someone so cocky you sure aren't very good at simple reasoning. Why do you think businesses pay their employees? It's because they need those employees to work there. It's better for them to pay the employees to work, than it is to not pay them and not get the work done. An office isn't like a burger joint. Most individuals are assigned specific tasks and workloads are balanced so that everyone has a reasonable amount of work to do in an allotted amount of time. If an employee has to take time off work, it's not a simple matter of simply having someone else coming in to work for him. Sometimes that person is the only one who can complete the work assigned to him.

      As such, it's much better to let the employee spend an hour or so taking care of things outside of work (which must be done during normal business hours) and have him actually complete his work for that day (which is his responsibility if he chooses to come in to work that day rather than take the day off), than it is to simply let the work get put off till another day. If you have ever been in a professional working environment where each individual has his own set of responsibilities requiring a specialized set of skills, then this should all be self-evident.

    15. Re:Not valid outside NY by Criterion · · Score: 1

      "cakes, coffee, tobacco, newspapers and gossip"

      Nope, I'm quite familiar with all of the above, and let me tell you that just like web access at your desk they can all (well, maybe not coffee) get you fired if you spend too much time on them. It's just much easier to hide the browser when your boss walks in. Don't even start telling me about how you only use it when you need it. I am an admin. I see the logs. I know the abuse (easily 95% of the usage).

      --
      We have enough youth, how about a fountain of SMART?
  9. Yay by Physician · · Score: 2, Funny

    Yes, now Big Brother can keep me from getting fired for checking out the sports scores while my patient dies.

    --
    Does God treat us as servants or friends? Check my homepage.
    1. Re:Yay by pieinthesky · · Score: 2, Funny

      My patience died years ago...

    2. Re:Yay by Physician · · Score: 1

      Flamebait? Really? Get a sense of humor please. It was a joke.

      --
      Does God treat us as servants or friends? Check my homepage.
  10. Websurfing is ok by Hogwash+McFly · · Score: 1

    Websurfing is ok, but try playing Solitaire and you're screwed.

    --
    Mother, do you think they'll like this sig?
    1. Re:Websurfing is ok by SoundGuyNoise · · Score: 1

      This ruling was on the very case of the very employee who was fired for playing Solitaire. The headline only mentions web browsing. And oh yeah, I posted the same article earlier and it got rejected. Plus I posted from a local source.

      --
      You never expect irony, do you?
      Want to be a professional wrestler? Visit www.iyfwrestling.com
      @iyfwrestling
  11. Honestly by Mc_Anthony · · Score: 1, Insightful

    Shouldn't an employer have the right to fire a worker who wastes too much time online?

    1. Re:Honestly by Darkon · · Score: 4, Insightful

      Shouldn't an employer have the right to fire a worker who wastes too much time online?

      Sure, but time online should not be treated any differently to time spent on the phone or reading a newspaper. Seems perfectly sensible to me. That's what the judge is saying. Beats me why so many folks think we need special rules and regulations whenever THE INTERNET is involved.

    2. Re:Honestly by Mc_Anthony · · Score: 0

      Right, time wasting is time wasting... Why did a court have to get involved?

    3. Re:Honestly by HTH+NE1 · · Score: 3, Informative

      Shouldn't an employer have the right to fire a worker who wastes too much time online?

      Unfortunately the system logging net usage does not attempt to correlate it to compiler usage, so it doesn't show that you were surfing while waiting for a 15 minute build and link to complete because a header file used by only 21% of the code had to be touched and you need the resulting binary to do testing.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    4. Re:Honestly by pembo13 · · Score: 1

      I would extend this to say: shouldn't the head of any employing organisation have the right to fire any employee? I mean, the company is the one giving the money.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    5. Re:Honestly by Mc_Anthony · · Score: 0

      Absolutely. That was kinda my point.

    6. Re:Honestly by markdavis · · Score: 1

      >Beats me why so many folks think we need special rules and regulations whenever THE INTERNET is involved.

      I think part of the problem, at least in the past, is that people that are "working" on the computer appeared to be "working" to their bosses. It is much easier to hide non-work "work" with a computer than it is with the phone, or reading a newspaper.

      What it comes down to is that many managers are not focusing on results and productivity. To a degree, if the required work is being done, then "goofing off" shouldn't be as much of a problem. But on the other hand, if the standards were set too low for the position, then the worker SHOULD ask for more work. On the other hand, that is not the responsibility of the worker... that is the responsibility of the manager.

      So really, all my babble shows is that real life is more complicated than soundbites.

  12. hot damn! by Anonymous Coward · · Score: 5, Funny

    Masturbating in the conference room can't be far off! I'll get my job back yet, you bastards!

    1. Re:hot damn! by Anonymous Coward · · Score: 4, Funny

      That wasn't the problem, you would still have your job if you had not wiped yourself off using the CEO's necktie.

    2. Re:hot damn! by Mr.+Bad+Example · · Score: 4, Funny

      > Masturbating in the conference room can't be far off!

      They already have this.

      It's called PowerPoint.

    3. Re:hot damn! by RubberDogBone · · Score: 3, Funny

      With masterbation, only you end up raw and sore after 20 minutes too much.

      With PowerPoint, everybody ends up raw and sore after 20 minutes too much.

      --
      Sig for hire.
  13. The problem.... by AriaStar · · Score: 1

    The problem comes in when people spend so much time surfing that they are neglecting to get their work done at all. And since more and more people forfeit breaks, a few minutes here and there hurts nothing.

    1. Re:The problem.... by Baseball_Fan · · Score: 4, Insightful
      And since more and more people forfeit breaks

      That is something most employers are doing. When hired, the human resources officer says your gaurenteed 15 minutes of paid break time for every 4 hours, gaurenteed by federal law. But as soon as the HR person is gone, the manager of the department says you don't get any breaks. It is like the legal department tells the left hand one thing, and the right hand another. Just as long as the company prints the policy on paper, they can do anything in practice. Who's going to risk a job over two 15 minute breaks?

      It reminds me of a job I had before college, in a factory. There were OSHA posters everywhere about what the law required. But nobody did it the OSHA way, unless there was an inspection. It was done the way the person signing the check wanted. I saw people get fired for complaining about not wanting to do a job an unsafe way. I only stayed there a year, but I did notice many white workers who were paid $12-13 an hour were being replaced with mexicans who spoke broken english and one told me he was paid $7 an hour. The mexicans didn't give a crap about OSHA. How does that translate to IT? Well, I guess it is the equivelent of watching your job go to India.

      We gotta do it the way the company owner wants, or he'll relocate out of the USA and there will be no jobs. What alternative is there?

    2. Re:The problem.... by AriaStar · · Score: 1

      First, regarding breaks, I mean voluntarily forfeiting a solid 15-minute break. I get bored going and sitting somewhere else for 15 minutes, so spend a few minutes here and there doing stuff online instead. I do agree that something needs to be done about employers abusing their workers with the threat of outsourcing their jobs. Illegal workers take it at $7 an hour in unsafe conditions because they have little choice (the migrants who are here because they want to work I welcome with open arms, but the ones who want to leach off the system, and American-born people, who do the same, most of my own relatives among them, are the ones I want out). If someone is fired for refusing to do a dangerous job without the right precautions have the right to sue. At the very least I wish more workers in unsafe conditions would make reports. You can file a complaint with OSHA annonymously.

    3. Re:The problem.... by cayenne8 · · Score: 1
      "...the human resources officer says your gaurenteed 15 minutes of paid break time for every 4 hours, gaurenteed by federal law. But as soon as the HR person is gone, the manager of the department says you don't get any breaks."

      This is another reason it is such a bitch to give up smoking!!! All those little 5-7 minute breaks a day, to go outside and enjoy the weather sure add up.

      I find I really miss them the most during some hard coding....used to, I'd work and get stuck, go outside for a smoke or two, and often while out there...I'd come up with solutions to the problems. Smoking was the perfect excuse to just get away from the screen for awhile....which is often what you need.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:The problem.... by tdelaney · · Score: 1

      Rather than stinking up the place for everyone else (thank you for stopping BTW) - go and have a shower. Or basically, anything which relaxes you and takes your mind off the problem. I always get my best ideas in the shower.

      You know, walking through a cloud of smoke to get into a building is nowhere near as bad as being stuck in a lift (elevator) with someone who's just had a smoke ...

    5. Re:The problem.... by cayenne8 · · Score: 1
      "..go and have a shower...as bad as being stuck in a lift (elevator) with someone who's just had a smoke..."

      I'm guessing with the reference to a 'lift'..you're from England? Do they often have showers you can readily take in the work places??

      Just seemed a weird suggestion. I know I can smell a smoker more after I've quit for awhile, but, it isn't that big a deal....I mean you're generally separated by cubes....and it doesn't travel that far.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:The problem.... by techno-vampire · · Score: 1
      But as soon as the HR person is gone, the manager of the department says you don't get any breaks.

      "May I have that in writing please?"

      Most managers will back down at that point. If he/she is stupid enough to comply, make sure it's signed, then take it to HR. Either the manager is told to follow policy or you end up with a new, probably better manager.

      --
      Good, inexpensive web hosting
    7. Re:The problem.... by OldManAndTheC++ · · Score: 1
      What alternative is there?

      Form a union and go on strike?

      That's how our fathers and grandfathers would have handled it. Now of course the jobs just go to countries where there are no laws to protect the rights of workers.

      Ultimately the labor movement will have to organize workers in those countries. At some point in the far, far future, all workers will enjoy protection from employers who agree to one policy but enact another. And then capital will have to make investment decisions on some other basis than figuring out which labor market is the cheapest and easiest to exploit.

      and pigs will fly, and Israel and Palestine will make kissy-kissy, and the Cubs will win the World Series, etc., etc.

      --
      Soylent Green is peoplicious!
    8. Re:The problem.... by i_am_not_a_bomba · · Score: 1

      "We gotta do it the way the company owner wants, or he'll relocate out of the USA and there will be no jobs. What alternative is there?"

      We must seize the means of production!!!!

      Oops wrong century. :)

    9. Re:The problem.... by meringuoid · · Score: 1
      Ultimately the labor movement will have to organize workers in those countries. At some point in the far, far future, all workers will enjoy protection from employers who agree to one policy but enact another.

      Your ideas interest me, and I wish to order a copy of your Manifesto.

      Unfortunately, the cheap non-unionised labour that's causing all the trouble is in China, where they've already had a Communist revolution. Rather hard to go to a Communist country, preach 'workers, unite', and not feel a bit of a prat, to be honest with you.

      --
      Real Daleks don't climb stairs - they level the building.
    10. Re:The problem.... by OldManAndTheC++ · · Score: 1
      Your ideas interest me, and I wish to order a copy of your Manifesto.

      It's in the mail, and I've also enclosed a fashionable red star for your cap. Wear it with pride, comrade! (but not pride in yourself, only pride for the glorious revolution!)

      Unfortunately, the cheap non-unionised labour that's causing all the trouble is in China, where they've already had a Communist revolution.

      True, but they are no longer being exploited by their former communist masters - now they are being exploited by capitalist masters. :)

      Obviously communism is a bad way to run a country, but I don't equate the labor movement in general with communism. When labor insists on total political control of society (the "dictatorship of the proletariat"), political power quickly concentrates itself in the hands of a small class of party faithful who grab the nation's meager wealth and make the rest of the population into slaves. But when labor shares power with the other elements of society (namely, rich bastards) it can ensure the rights of workers without destroying the basis of the economy. The post to which I was replying mentioned OSHA - that and other protections are the result of labor fighting for basic rights. Many positive aspects of our current working environment were won only after a long struggle between labor and capital - we should not throw out the baby with the bathwater by assuming that all labor movements seek to impose a communist political system.

      Of course there are extremes in the labor movement. Here in Hollywood unions are notorious for demanding ridiculous work rules (e.g. one guy has to unload the truck, another guy has to pick up the box and move it, a third has to open it and remove the contents). The market must be free to route around such excesses (and it has - production has started to move out of Hollywood to other countries).

      Look at the companies in China today. Several years ago many of those companies had plants in Mexico, and before that, the U.S. Capital is now able to pick up stakes and move whenever they find a cheaper source of labor. Today China, tomorrow - Bangladesh? Indonesia? Chad? As China's standard of living rises workers will demand higher wages and better working conditions. Won't they be surprised when factories start to shut down and move elsewhere.

      I think the labor movement will be forced to organize across borders to fight this vicious cycle of workers in one country being played off against those in another.

      --
      Soylent Green is peoplicious!
  14. Today surfing by mgabrys_sf · · Score: 3, Funny

    Tomorrow - the PRON!

    "Uncomfortable working environment" my ass - HR - you're goin' DOWN. Um - to coin a phrase.

    1. Re:Today surfing by Anonymous Coward · · Score: 0
      "Uncomfortable working environment" my ass
      Hmmm... errr... right, what he said.
  15. Working for City/State is different by Brix+Braxton · · Score: 4, Informative

    Actually - the original article referred to a city/state employee (no mention of that in the quote) - that's relevent because if you've ever worked for the government - you'll know that it's not as simple to fire a person. Most of us work in an "employment at will" environment - where they don't need to establish a good reason to fire. -Mike

    --
    www.wildpad.com
    1. Re:Working for City/State is different by Peyna · · Score: 1

      Government employees can be at-will as well; the problem is that their employer is bound by the state and US Constitutions and therefore has to provide greater protections in that manner.

      --
      What?
    2. Re:Working for City/State is different by Shivetya · · Score: 1

      Great, yet another reason to hold government jobs in disdain.

      Not only will we have to pay for their surfing, because a judge has practically made it a "right", we get to fund their pensions as well.

      Sorry, but government jobs that don't need access to the internet need to not have any access. Just as people make fun at work crews for lack of "working" while observed people will now make jokes about the city hall guy that just plays solitaire or surfs.

      They are working for us, they already have nearly all holidays off, great pensions, and healthcare; it now appears they have new rights to keep their job when they are obviously not doing it.

      Read up on government employee pensions, if you think the Social Security system is in trouble you ain't see the world of hurt the taxpayer is in for the overly large pensions/retirements given to government employess. People complain about CEOs and executive retirements but are kept in the dark about how much its really costing for those government employees to retire. It might not have the big numbers of one executive but it adds up very fast, even worse when many are allowed to retire in their 50s.

      --
      * Winners compare their achievements to their goals, losers compare theirs to that of others.
    3. Re:Working for City/State is different by MichaelSmith · · Score: 1
      because if you've ever worked for the government - you'll know that it's not as simple to fire a person

      When I worked for the state road authority. We had a 24 hour control room and I caught one of the control room guys using the low traffic color laser printer to print out his bookmarks. I wouldn't have noticed if he had used the high traffic mono one.

      That was three pages of porn URL's.

    4. Re:Working for City/State is different by Ohreally_factor · · Score: 1

      He liked to jack of to pr0n URLs? I'm not sure I get it.

      --
      It's not offtopic, dumbass. It's orthogonal.
    5. Re:Working for City/State is different by MichaelSmith · · Score: 1
      I'm not sure I get it.

      He was browsing porn during the night shift. He bookmarked the pages which makes sure the evidence will be backed up. He printed the bookmarks out and used a low traffic printer which is a good way to be noticed then he forgot to pick up the print out so that the IT guy (me) found in on the printer in the morning.

      Lucky for him that I didn't care about it. But I think he was very lucky.

    6. Re:Working for City/State is different by sn00ker · · Score: 1
      More fool you for working in positions where you get treated like shit.
      Oh, sorry, that's right, in the US workers HAVE NO RIGHTS!

      Don't blame government employees for having it good, go chase one of your elected representatives (who are meant to work for YOU) and get legislation passed requiring that you be treated as something better than a sub-human wage slave. Your at-will employment system is a total joke - ever noticed that no other western country has anything like it?

      --
      "God, root, what is difference?" - Pitr, userfriendly
    7. Re:Working for City/State is different by Ohreally_factor · · Score: 1

      I got all that. What I'm not getting is the "why?", as in why print out pr0n URLs? Was he going to go camping or something?

      --
      It's not offtopic, dumbass. It's orthogonal.
    8. Re:Working for City/State is different by myth24601 · · Score: 1

      "Your at-will employment system is a total joke - ever noticed that no other western country has anything like it?"

      Yet the US Unemployment rate is below 5% even with a jillion illegal alians.

      --
      No matter where you go, there you are.
    9. Re:Working for City/State is different by drsmithy · · Score: 1, Insightful
      Yet the US Unemployment rate is below 5% even with a jillion illegal alians.

      Bit of a pyrrhic victory when so many "employed" people need to have 3 jobs just so they can feed themselves, isn't it ?

    10. Re:Working for City/State is different by MichaelSmith · · Score: 1
      What I'm not getting is the "why?", as in why print out pr0n URLs?

      I don't know really. This was in the days when hotmail was a novel idea so moving information around might have been different then.

    11. Re:Working for City/State is different by yndrd1984 · · Score: 1

      You like one system, we like another. Go live in the country you like the most and quit being an ass.

  16. Vindicated at last by Anonymous Coward · · Score: 0

    It's possible to underperform or engage in "work-avoidance" without surfing the web. Conversly it's possible to be extremely productive and have a browser window open all day. Take Slashfolk(tm), we take calls, we wrangle code, we keep the internet (which increasingly equals global commerce) running; all while participating in this site.

    Now, someone post the ASCII goatse so that I can show my boss.

    1. Re:Vindicated at last by easytoplease · · Score: 1

      I agree that you can still be efficient...I work in IT (and I work online) and generally I work very quickly and efficiently but still go online all the time. This is because I have a huge amount of time during which I have no work to do. So I go online every day and try to find crap to read. It really sucks, but I can only stretch out my work so far. If I were to leave when I got my work done I'd probably be fired for not working enough hours. It's a Catch-22.

  17. Don't most employers block websites? by Baseball_Fan · · Score: 2, Interesting
    Why make a policy that says "you can't read the newspaper at work" when it is easier to just block websites? It seems like those policies exist not because a company wants to penalize people for surfing the web, but because companies want to have a convenient excuse to fire people. I've had a sales job where the top salesperson was allowed to look at porn, buy food and bill the company, anything he wanted and for as long as he wanted. He landed a couple large accounts and managment was afraid of rocking the boat. A different salesperson who was at the bottom was fired for violating the company "no web surfing" policy for visiting yahoo sports to check his fantasy team (literally 5 minutes). Why couldn't they fire him for being bad at sales, why use the no web surfing policy?

    My last job with internet access came with restrictive software that blocked most websites the company didn't want employees visiting. There was no news websites, no sports, no entertainment, no shopping. The company also activly added new websites to the filter when the IT people noticed surfing that wasn't explained by a company need. That seems like the better option than telling employees "don't surf". Instead, most people brought a copy of the local newspaper to read.

    1. Re:Don't most employers block websites? by Karl+Cocknozzle · · Score: 2, Interesting
      Why couldn't they fire him for being bad at sales, why use the no web surfing policy?

      Because "bad at sales" is a subjective judgement of performance, which could require expensive litigation to defend. Also complicating this route is the fact that, if there were other sales people who were arguably "worse" than this person, but who weren't fired, it would then look bad for the employer if it went to court, especially if, say, the person fired was a minority of some sort and the person not-fired for same conduct wasn't.

      "Hmm, you didn't fire salesman Y for the same performance, but you did fire salesman Z and he's [insert minority group here.]"

      Termination for cause is a bear-trap... It is easier (and cheaper in the long run) to fire people for a black and white violation of policy rather than a debatable reason like "doing a bad job," even if the person REAAAALLY deserves it. Our VP of Finance told me about a year ago that was why we were writing an "employee handbook": To make firing people easier, since the lawyers rarely sign off on terminations for "doing a shitty job" anymore. Of course, that same person was fired for cause for gross-incompetence, so he might have been full of shit.
      --
      Who did what now?
    2. Re:Don't most employers block websites? by Who235 · · Score: 1

      Why couldn't they fire him for being bad at sales, why use the no web surfing policy? You can collect unemployment when you're fired for general incommpetence - presumably because it is something that should have been caught during the interview process. Employers make up BS reasons to fire people so the recently terminated can't collect unemployment. Which reminds me, insubordination seems like a perfectly good reason to fire someone. If an employee has been told not to surf the web or play solitaire, when they keep doing it there is no reason why they shouldn't be fired. It is indicative of other, more serious problems. The same kind of 'attitude' problem my high school principal told me I had. . .

    3. Re:Don't most employers block websites? by markdavis · · Score: 1

      >Why make a policy that says "you can't read the newspaper at work" when it is easier to just block websites?

      Blocking web sites (blacklisting) is a waste of time for everyone. It doesn't work. Whitelisting makes much more sense. People ask for access to legit sites and you add it to your forced proxy. This prevents free-association browsing, but enables you to give access to those who have good reason to go to particular sites (business need). Then set up a location that people can go to and use on their breaks/lunch, etc, that is generally unrestricted, but public.

    4. Re:Don't most employers block websites? by swb · · Score: 1

      It's all about unemployment compensation. When a company cans you without a specific reason (insubordination, absenteeism, failing to follow rules) they get stuck with a tab for your unemployment compensation. Since unemployment functions a little like insurance, the more employers are liable for it, the more they pay (ie, higher risk).

      Most states only allow denial of unemployment benefits for "termination for cause" and being bad at your job isn't considered termination for cause, since it is presumed to be the employer's responsibility to determine if you are capable of doing the job before hiring you. This means that errors in judgement or lack of skill aren't considered valid causes. If they hired you to design widgets and you can't do it, that's their mistake.

      It doesn't mean that they *can't* fire you, they can, they just have to foot the bill for your unemployment benefits. They face some legal exposure if the termination was highly arbitrary and/or a involved standards that were not applied uniformly, but I think a lot of companies can beat the rap on this unless they are substantial mitigating factors involving protected class status (women, racial minorities, and increasingly, age).

      This is why many employers coax/bully/blackmail/coerce/lure employees into resigning voluntarily; voluntary terminations are exempt from unemployment compensation. Employees get a couple of weeks (or more depending) at full salary, extended benefits availability and the ability to say "they quit" and a vague assurance that future employers will be told that the employee did work there and did quit voluntarily. Employers don't have to pay unemployment and often also get some signed document agreeing to forsake future legal action. With friendly inside references and a good story, most employees can bounce back.

      I personally think it's more balanced than its given credit for. Employers pay a stiff cost for capricious termination, but can still easily get rid of problem employees. Employees don't suffer immediate financial peril but can't get a free lunch forever. And if an employee really does break some well-defined rules you can get rid of them and not pay for the privilege.

      The only employers that complain about this are those with bad personnel policies, since they end up with a lot of involuntary terminations and high unemployment costs. Employers that make good hiring decisions, have supportive policies (ie, training so you do your job well) and competent management (no tyrants or bullies) and decent compensation don't have this problem -- they seldom have the need to terminate without cause.

  18. content by dotpavan · · Score: 1
    It is also the content that matters. FTA:

    ".. after a search of Choudhri's computer files revealed he had visited several news and travel sites..

    Travel sites? on office time? hmmmn

    1. Re:content by Cederic · · Score: 1


      I visit a lot of travel sites on company time, and my boss thanks me for it.

      Or is it different when you're architecting the web presence of a large travel company?

    2. Re:content by GrandWaz00 · · Score: 1

      The full text of the decision can be found on this page ... look for "Department of Education v. Choudhri, OATH Index No. 722/06 (Mar. 9, 2006)". Here is a direct link to the PDF.

  19. Time management by Anonymous Coward · · Score: 5, Interesting


    I once read a book by an anally retentive time management consultant. Yes, that was his job. He would always have his watch set 3 minutes fast to "be ahead of the world", and would always make todo lists, and would always be doing something while waiting, and all that jazz.

    The most ironic thing was that he said that he encouraged his employees to bring puzzles, books, needlepoint, or whatever they wanted to occupy their time when they were done with their work.

    Why? Well, because people will stretch a project until the deadline or miss the deadline completely. By having a carrot in front of them saying "I can goof off when I'm done with this", he was able to tell when they were done with their tasks, and assign them a new one. He got more work out of these people by encouraging them to goof off than not.

    Its just as irrational to assume that 100% of ones working time is going to be 100% productive work. Its more on the order of 10% to maybe 30% depending on the kind of work. Also, for a lot of white-collar and professional/skilled labor people, they do things and think about things outside of their work that helps them do better work.

    How many slashdotters out there have private projects or even outside of work computing interests if you work on computers for a living? Doesn't this stuff help you at your job? If your job encouraged private projects, as Google does, do you think your job would be more fulfilling and productive?

    1. Re:Time management by daeley · · Score: 2, Funny

      an anally retentive time management consultant.

      No need to be redundant. ;)

      --
      I watched C-beams glitter in the dark near the Tannhauser gate.
    2. Re:Time management by Anonymous Coward · · Score: 0

      Seems like a great idea, but a *good* manager would lay off someone and spread the work among the rest (with no raise/bonus of course). I'm *NOT* speaking from personal experience.

    3. Re:Time management by Meddel · · Score: 1

      If your job encouraged private projects, as Google does, do you think your job would be more fulfilling and productive?

      Google doesn't encourage private projects. Google does encourage employees to spend 20% of their time on side projects. The difference seems like semantics, but is actually a big deal. Google owns the copyright and IP to every one of those side projects.

      But yes, my job is much more fulfilling because it encourages side projects. I work on WiX (http://wix.sourceforge.net/) in my spare time, and it has definitely impacted my day job in a positive way. It's not a private project, though: the copyright for WiX code is owned by Microsoft, just like any other code I write during my day job.

      --
      You just come along with me and have a good time. The Galaxy's a fun place. You'll need to have this fish in your ear.
    4. Re:Time management by Anonymous Coward · · Score: 0

      FWIW, it's my pet projects that are the only thing keeping my job interesting. My "real" job is something my boss made up so that he could keep his own job bossing people around. Fortunately, it's hard to pull bogus work out of your ass to completely fill an entire team's schedule, so I get to do things on the side that actually benefit the company and get my name out there for when the shit hits the fan. My resume looks great, but it looks nothing like my annual company goals and bears little resemblence to my weekly status reports.

    5. Re:Time management by BVis · · Score: 1

      No, a *good* manager would lay off two people and make someone do all three jobs.

      A *great* manager would fire everyone except the H-1B visa holder and make them do everything.

      --
      Never underestimate the power of stupid people in large groups.
    6. Re:Time management by Breakfast+Pants · · Score: 1

      While you can't keep the copyright and go out and sell the thing, Google will let you release it as open or free software.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    7. Re:Time management by Meddel · · Score: 1

      While you can't keep the copyright and go out and sell the thing, Google will let you release it as open or free software.

      That's true (at least in some cases) for both Google and Microsoft. I'm very sure both companies have things that they keep to themselves, and things that they release to the world. Notably, both of them have released Open Source projects under OSI-approved licenses. That's pretty cool.

      --
      You just come along with me and have a good time. The Galaxy's a fun place. You'll need to have this fish in your ear.
  20. Headline is very misleading by DavidinAla · · Score: 2, Informative

    First, a judge didn't rule in FAVOR of employees being allowed to surf the web at work. He ruled that firing was too severe a penalty in this narrow case. Second, this ruling applied to a government employee in a specific situation, not to someone in a private company.

    I think the judge is nuts, but even so, the ruling only applies to a narrow class of public employees, many of whom were already notoriously slow and useless -- even before the days when web access was available.

    David

    1. Re:Headline is very misleading by Anonymous Coward · · Score: 0

      I think the judge is nuts

      Oh do tell us your intepretation of New York law as applied to the facts of this case DavidinAla.

    2. Re:Headline is very misleading by DavidinAla · · Score: 1, Interesting

      Since you're just being a smart aleck, there's no reason to take your question seriously, but it happens that I am familiar with the case. And, yes, I think the judge is wrong as a matter of law, not just common sense.

      David

    3. Re:Headline is very misleading by xigxag · · Score: 1

      The thing that makes this employee different is not specifically that he's a public employee, but that he is (undoubtedly) unionized, and as a result, his employer is bound by contractual rules determining under what circumstances he can and cannot be fired. Typically in strong unions, an employee is entitled to a hearing to determine the severity of his offense, and there are steps that must be taken before an employee is outright fired. As an example, the employee might be required to be "counseled" first. Then "reprimanded." Then there may be one or more hearings before the ax can fall. For certain offenses, direct insubordination, being convicted of a crime, etc., the steps may be circumvented to an extent. So the judge has to determine, is this one of those offenses which warrants an outright termination, or one which requires a longer chain of events before before being fired.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    4. Re:Headline is very misleading by Anonymous Coward · · Score: 0

      I think the judge is nuts

      The contract agreement by the employer said that the employee MAY surf the web while on break. Then the employee got fired for doing just that.

      Well, to me the judge is not nuts - the judge is simply RIGHT. If the employer didn't like their own agreement, then they should have changed the contract.

      Some people like to make up the rules on the fly, but that isn't how the law works here in America. Go back to your commie country, loser-boy. We don't need your type here.

  21. And there was much rejoicing! by scoser · · Score: 1

    Now I only have to look over my shoulder every few minutes instead of every thirty seconds!

  22. Save for later... by fak3r · · Score: 2, Informative

    Not that I post to /. that much (!) but there's just too much info out there not to take a peek. Of course then you get sidetracked with another link, you have 20 tabs open in Firefox, and you're wondering what you were supposed to get done today (or this week) at work!

    This pecident will serve me well! ;)

    1. Re:Save for later... by m50d · · Score: 1
      This pecident will serve me well! ;)

      Not until you learn to spell precedent it won't.

      --
      I am trolling
  23. Solitaire=internet? by danmart · · Score: 3, Informative

    According to the article: "The ruling came after Mayor Michael Bloomberg fired a worker in the city's legislative office in Albany earlier this year after he saw the man playing a game of solitaire on his computer." What a stupid case. Since when is a game of solitaire "providing a combination of communication and information"? I can see if the guy was researching something online but he was goofing off.

    1. Re:Solitaire=internet? by MobileTatsu-NJG · · Score: 4, Interesting

      "I can see if the guy was researching something online but he was goofing off."

      In this case, you're probably right. However, I've gotten busted for this. My boss came in, saw me playing Solitaire, and geared up to yell at me. I minimized the window to reveal my computer was rendering. "IE eats too much RAM."
      I was off the hook. Heh.

      Down the road, we were encouraged to browse the web from time to time. Almost everybody at that office had something to gain by reading up on tech news sites and so forth. Even Slashdot was expressly allowed. (Although I doubt my boss would have OK'd that if she had ever wandered into the comments section.)

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  24. Great...but why? by brkello · · Score: 2, Insightful

    I think it would be fairly uncomfortable working for a company that wants to fire you. Maybe he should find a job where they allow a little more slack in their internet usage policies.

    --
    Support a great indie game: http://www.abaddon360.com
  25. Civic Jobs by Gates82 · · Score: 1
    From the article it should be noted that this is a position with the city and not your regular corporate job. And the article outlines existing policies that are in place at civic offices. I think this is completely unrelated to what you see in the corprate workd as per their policies.
    Obviously since I'm responding to this post surfing at my job is oka......{/employee terminated} end of transmission...

    --
    So who is hotter? Ali or Ali's siter?

  26. Try that at a real company and hasta la vista! by gasmonso · · Score: 1, Insightful

    If you try that at a real company (i.e. not a state job) and your ass is gone. Surfing for hours on the net is not acceptable anymore than talking on the phone with your girlfriend for hours. With the logic of this ruling.. wouldn't it be ok to surf porn? Because you can talk on the phone with one of those 900 numbers. Bottom line is this... a company is paying you to do a job and thats it. Now if your job is to surf the net, then I guess you're ok :)

    http://religiousfreaks.com/
    1. Re:Try that at a real company and hasta la vista! by helix_r · · Score: 4, Insightful


      A "real" company accepts that their workers may need to make personal calls, look up info on the internet and do some reading.

      As long as employees get their work done and don't blow company resources, there is no harm in it. In fact, it probably helps keep morale up.

    2. Re:Try that at a real company and hasta la vista! by Anonymous Coward · · Score: 0

      You're painting with a broad brush.

      I work at a job where my job is basically to be a warm body. It's reactive - if something breaks, I'm required to be there to fix it. But since this is night shift, things break very, very rarely. So I can go entire nights without having a lick of work to do. I tend to spend it either reading, watching DVDs, surfing the web, or finding ways to improve myself. My coworker spends it sleeping. Management knows, and doesn't care, as long as we are alert when we get that call. In fact, my boss has pretty much encouraged me to nap.

      This is a real company too. I'm not going to say which one or where, but I'll say it's a very, very large privately held company whose name you would recognize immediately.

      So, y'know, try not to be so all-encompassing n' stuffs. Every now and then something will come along that'll upset your apple cart.

    3. Re:Try that at a real company and hasta la vista! by Anonymous Coward · · Score: 0

      Low paid call center jobs where you're treated like a child and expected to ask permission to go to the bathroom don't count. Most people posting on this site work for 'real' companies and post from work. If you're expected to be responsible enough to manage your own time and you're failing, then obviously it becomes an issue.

    4. Re:Try that at a real company and hasta la vista! by Anonymous Coward · · Score: 0
      I tend to spend it either [...] or finding ways to improve myself.

      Dude, I can't believe you have to go looking for that, my inbox is full of that kind of information.

    5. Re:Try that at a real company and hasta la vista! by jacksonj04 · · Score: 1

      There's a big difference between the calling home to say you'll be late, or should you pick up something for tea, is different from the hours on end to your girlfriend that gp was talking about.

      That said, it's down to the employer what's unacceptable. I would say a brief call to your girlfriend to say hello is acceptable occasionally. Calling home for an hour to discuss the new bathroom isn't.

      --
      How many people can read hex if only you and dead people can read hex?
    6. Re:Try that at a real company and hasta la vista! by Tony+Hoyle · · Score: 1

      Depends on what your calling about.. if you gf is just about to break up with then an hour call is perfectly justified. Real Life > Work, and a good boss will realize that (luckily I've worked in good companies where they've realized that).

    7. Re:Try that at a real company and hasta la vista! by Reservoir+Penguin · · Score: 0

      The only thing more stupid than making stupid rules is actually expecting people to follow them. It's silly to even believe that a normal person can concentrate on a job for eight hours.

      --
      US-UK-Israel: The real Axis of Evil
    8. Re:Try that at a real company and hasta la vista! by CmdrGravy · · Score: 1

      I agree, I used to work night shifts on a helpdesk 7PM - 7AM. The company policy was that surfing the internet was banned, downloading and playing network games was definitely banned and playing cricket in the office was absolutely banned.

      However although we might be fairly busy until Midnight most nights, especially Sunday nights we would be lucky to get a single call from 1AM - 7AM. Our sole responsibility was to handle phone calls so no phone calls meant nothing to do. I'd challenge anyone to attempt to stay awake at 4AM having sat still infront of a blank screen for the previous 5 hours with absolutely nothing to do. Playing games, surfing the internet and frequent cigarette breaks did keep us awake, alert and interested enough to deal with any calls which did come in properly rather than sleeping through them.

      Our bosses bosses were constantly warning us to stop using the internet but luckily our boss said we could do what we liked so long as we did our jobs properly. The most amusing part of this job was watching the sucession of team leaders come in and attempt to enforce some remmenants of company policy and then watch them inevietably begin to fall asleep at 4AM and come to terms with the consequences of annoying the only four people they would be spending 12 hours a night with for the next 6 nights.

  27. The Downside... by burtdub · · Score: 5, Funny

    Unfortunately, the only people who will read this article are those who are surfing the web at work. The people too afraid to surf the web will never hear the liberating news.

  28. Not so fast by Rydia · · Score: 1

    This ruling only covers public employees in New York state. The vast majority of private employees are employed "at will," and can therefore be fired for anything. This isn't generally applicable.

  29. Mixed feelings on this one by ArcherB · · Score: 1

    While I feel the company has the right to restrict what takes place on company hardware, it is the company's responsibility to restrict access as to what can take place on that equipment.

    In other words, if they don't want you surfing at work, cut the damn cable or learn how to configure a proxy/firewall.

    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    1. Re:Mixed feelings on this one by Anonymous Coward · · Score: 0

      I see - so employers should have to physically prevent you from doing things they tell you not to do.
      Let me get this straight: It's not enough for me to say 'Do not surf the web during work hours' or 'Do not piss off the customers by being rude' I have to physically (firewall, real wall) prevent you from doing these things?

      Please. How about YOU take a personal responsibility and DO YOUR FREAKING JOB - which INCLUDES following the rules. I'm pretty sure the article wasn't about a pre-school. Your reply suggests that it's OK to do anything you can get away with - after all, your employeer didn't PREVENT you from doing it, so it must be ok.

      Jesus I hope you can see how silly that statement is - if not, how about sending me your resume so I can make sure I never hire you or any of your friends that probably think the same way.

  30. Everyone who just read this... by denorae · · Score: 0

    ...now feels justified in spending another 15 minutes reading slashdot.

  31. No mercy by Anonymous Coward · · Score: 1, Funny
    Anyone who surfs the Web for pleasure at work deserves to be sacked, no whining about that being too harsh.

    Just wanted to say that. But I gotta run, boss is coming!

  32. So now you can't fire a goof-off... by jonadab · · Score: 1

    Wait, since when can an employer no longer terminate an employee for reading the newspaper and making personal phone calls on company time? What is this, the public sector? Sheesh.

    --
    Cut that out, or I will ship you to Norilsk in a box.
    1. Re:So now you can't fire a goof-off... by hey! · · Score: 1

      Wait, since when can an employer no longer terminate an employee for reading the newspaper and making personal phone calls on company time? What is this, the public sector? Sheesh.

      But... you can still terminate a goof-off for not getting his work done.

      The key I think is that looking at a newspaper, or hitting a travel site to to book tickets for personal travel, can't be used as automatic proof that a person is not doing his job.

      If you could show that looking at a web site or newspaper was incompatible with a person's job description, or at least it was done in a an incompatible manner, then you still have cause. For example, if somebody is as receptionist in a lobby, you don't want them reading the newspaper because part of their job is to give a good impression.

      By the way, if your RTFA, you'd see it was a public sector employee. The public sector generally has much more stringent rules about using the web for personal use than the private sector. Furthermore, given that we're talking about an NYC DOE employee, it is likely that this person was under some kind of employment contract. So before we assume this is some kind of sweepign precedent, it may only apply to (a) a particular contract or even (b) a particular set of employment policies.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  33. Is this why the U.S. has trouble competing? by DoofusOfDeath · · Score: 1

    It seems to me that the countries that are racing ahead economically (India and China, especially) have much less in the way of workers' rights than the countries from which they're taking teh work (America, Germany, France, etc.)

    This court ruling sounds stupid (relative to my expectations that an employee should spend his time as directed while doing work), and it makes me wonder: are rulings/laws like these part of why other countries eat our lunch?

    1. Re:Is this why the U.S. has trouble competing? by SydShamino · · Score: 1

      India and China are racing ahead because they have large, skilled workforces who are nevertheless lower class economically. Thus they are willing to work longer/harder to leverage their skills to reach the middle class.

      In other words, jobs - both skilled and unskilled - are being farmed around the world looking for the lowest common denominator. (Whether this should be controlled, to keep the US/West high while slowly bringing up the rest of the world, or whether the US should be allowed to crash and rise, is a different discussion.)

      Eventually, when the lowliest peasant in Ghana* has a bachelor's in computer science and enough money to buy a plasma TV, then everyone around the world will want some slack in their jobs, just like Europeans and (to a lesser extent) Americans do now.

      * Apologies to Ghana; just picked a country at random for the example.

      --
      It doesn't hurt to be nice.
  34. Don't get too excited. . . by Anonymous Coward · · Score: 0

    This is hardly anything to get excited about. Its a decision from an *admininstrative* law judge, which is hardly a "judge" in the sense that everyone seems to be taking it. This decision is subject to review and largely is not binding on anyone except the parties to the case.

    If the process is like most administrative cases, this can go to a trial in a real court that has some authority beyond the administrative arena, wherein the findings of the ALJ are not binding.

    Wait until its appealed and either accepted or rejected by an appellate court before you get all worked up. It's got a long way to go before it becomes precedent - think "Bill" from the Schoolhouse Rock short - "I'm just a bill, yes I'm only a bill. . ."

    1. Re:Don't get too excited. . . by LOTHAR,+of+the+Hill · · Score: 2, Insightful

      yup, and it looks like, but the article isn't clear, that the judge is merely interpreting company policy to say it extends to web surfing as well.

      not a big deal

  35. I bet the Judge... by ShaneThePain · · Score: 0

    I bet the judge was browsing slashdot during the hearing! =D

    --
    Fascism is the greatest political ideology ever conceived. Sorry.
  36. Can't comment on this now; the boss just came in by The_REAL_DZA · · Score: 1

    But later, when I get back from lunch, I'm gonna have a whopper of a comment!

    --


    This space intentionally left (almost) blank.
  37. Professional development by Anonymous Coward · · Score: 0

    I see a few people here talking about the possibility of getting in trouble over the /. habbit, you all just need to call it "professional development" If you are in IT, reading sites like /. and the various other tech news sites is no differant than reading the latest issue of an IT periodical, it keeps you on top of your game.

  38. Wait I'm confused... by Trails · · Score: 1

    Do I still get in trouble if I get caught reading this article by my boss?

    1. Re:Wait I'm confused... by MirrororriM · · Score: 1

      I dunno, but I submitted this article while I was at work.

      One line was deleted from my original submission though:

      "Since I'm posting this from work, I wonder if I'm covered...since it *is* work-related."

      HEH! :)

      --
      Content Management System: A pretentious way of saying "text editor."
  39. Sarbanes Oxley (Sox) by Maxo-Texas · · Score: 1

    I lose way more time to SOX compliance than I lose to non-work web activities.

    I lose more time to PMO than I do to SOX compliance (there was one horrible 4 week period where I basically billed yet wasn't allowed to work because no projects were approved- yup- I couldn't even check out stuff and do things i knew needed doing because it wasn't an approved project).

    Then there are cancelled projects.

    Then there are super-rush projects that get replaced by another super-rush project without ever being installed.

    It makes you wonder.

    Give me a project- give me a due date, and get out of my way- please. Seriously, my productivity is down 75% since 1998- I spend over half my time on paperwork. Maybe 10% of my time on non-work activities during working hours (and if a project is going to miss deadline then I work non-working hours to make it come in on the deadline).

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:Sarbanes Oxley (Sox) by Anonymous Coward · · Score: 0

      Sure - I work the same way. But come on man - MOST jobs are not 'give me a spec and go away'. Silly to try to apply that line of reasoning across the board - it won't even kinda work.

    2. Re:Sarbanes Oxley (Sox) by Maxo-Texas · · Score: 1

      My preferred work method is:

      Give me specs for 3 projects.
      Let me rough them up.
      Then I meet with the users. They a) think of things they forgot, b) outright change things, c) tell me where I'm on target.
      Then I do a month's work and show them where I am at. They repeat their bit (a,b,c). if (a,b) stops, then we assign a firm deadline and priorities between the projects.
      We repeat the monthly meetings until projects finish.

      ---

      What happens lately is much the same except.
      a) add 20 hours a week of SOX compliance and useless paperwork (file it on a hard drive and it is never looked at again).
      b) All this new "coaching and maximizing performance" crap (My goal: Give me work and let me finish it- I'm a flunky, not a manager- why are you wasting my time on CMP).
      c) Constantly one of the three projects (often as far as 80% complete) is postponed and some new wonder project is red-lined for installation.

      Compare that to a little web browsing and slashdotting, and the difference in time wasted is an order of magnitude.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  40. Surfing by certel · · Score: 1, Insightful

    Wow. Getting fired for surfing would be retarded. People that can multitask and look at say, CNN, while on the phone is not something that should be case for termination.

  41. Surfing OK, but what about bandwidth by Swisssushi · · Score: 1

    Here's my take on it. Ok, surfing a little when you're brain has become mush is a standard outlet for me and the people that work for me. We work in Texas in a company with an "acceptable use" clause in our employment conditions that says we'll only use the net for work related things. Fortunately, I manage the web group...but I digress...Sure, you're cheating your company when you spend what should be work hours surfing the net. But you're also using company resources in terms of bandwidth. If every person at my company started spending just a few minutes a day working on their My Space or Live Journal or something else, it could and would seriously degrade our overall system's capability to cope with legitimate business traffic. THAT'S different from reading the newspaper and using the phone. I guess the judge didn't think about that.

    --
    Swisssushi - When the going gets tough, get some tenderizer
    1. Re:Surfing OK, but what about bandwidth by mikewolf · · Score: 1

      using the phone doesn't use up any company resources or bandwith? i would have to disagree...

      also, if your internal network could not handle 10 minutes of non-business web traffic from every employee throughout the day (not all at once), then i would think you may need to check on your network architecture. We're not talking about downloading 100G of pron per person per day...

  42. I would love to read this article but... by 808paulson · · Score: 0

    I would love to read this article but MSNBC.com is in the blocked HERE at work. Oh the humanity!

  43. who made the job in the first place by Anonymous Coward · · Score: 0

    who's job is it really. i mean if i own a company i should be able to set the rules. what if i dont allow people to make personal phone calls should i not be able to make that choice as the person who created the job. come on guys next thing you wont be able to fire someone for not working at all.

    1. Re:who made the job in the first place by chmod+a+x+mojo · · Score: 1

      come on guys next thing you wont be able to fire someone for not working at all.
      Sweet, where's the aplications for this job?

      --
      To err is human; effective mayhem requires the root password!
    2. Re:who made the job in the first place by Linkfyre · · Score: 1

      in France.....LOL

    3. Re:who made the job in the first place by Anonymous Coward · · Score: 0

      In America, as a government employee, if you are a protected minority, its near impossible to get fired.

  44. Ok, fine by misleb · · Score: 4, Insightful

    What if you terminate the employee for not getting their work done? Does it really matter whether they are not getting it done because they are browsing the web or because they are reading a novel or talking to the guy in the next cube for 5 hours a day? It certainly sounds silly to say you fired someone just for browsing the web, but when you can show it has tangible effects on their output.. well... that is quite a different story.

    -matthew

    --
    "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    1. Re:Ok, fine by linvir · · Score: 1
      I'm willing to bet that most shitty MBAs can't tell if their employees are getting their work done, or at best can't prove it. So instead they use random anecdotes of people not working, to fire people from time to time in order to seem like they know what they're doing. Or even worse, they're so insecure that the sight of an employee not working is enough to convince them to fire.

      Or maybe I'm just a dickhead student who doesn't know a damn thing about the world of business or how hard it is to be a manager. Whoa, that's the first time I've ever flamed myself...

  45. I better get back to work ... by smcdow · · Score: 1

    ... the web's not gonna surf itself, you know.

    --
    In the course of every project, it will become necessary to shoot the scientists and begin production.
  46. Not valid inside NY too. by Tired_Blood · · Score: 3, Informative

    This will not even apply to most NY workers, either.

    NY happens to be one of those states where an employer can fire you for any reason ("Employment at will"), except for 8 very specific circumstances (Here's the list of exceptions).

    Given that, I guess the critical point to this case was that the employer was the Dept of Education: a public sector job.

    Albany's culture of "pay to play", indeed. :)

    --
    This is not my sig.
  47. internet is evil by i_am_the_r00t · · Score: 2, Funny

    it is sapping my productivity right now.

    and now!

    still doing it...

  48. Surprising coming out of New York by Peyna · · Score: 2, Informative

    Traditionally the New York courts have been very strongly in favor of employment-at-will and very strongly opposed to any kind of intravention into the employer-employee relationship, so this is very surprising for a New York court to rule this way. If the city appeals this, I would expect it to be overturned very quickly.

    --
    What?
  49. Eat it Bossman by aplusjimages · · Score: 3, Funny

    My boss just came over as I was reading this and asked what I was doing. Then I told him to shove it because he can't fire me for surfing the web. Instead he fired me for telling him to shove it. Damn it.

    --
    Can I bum a sig?
  50. Seems like a no-brainer by Infonaut · · Score: 5, Insightful

    What if you terminate the employee for not getting their work done?

    It does seem rather obvious, doesn't it? I suppose all this business about unrestricted employee Internet access harming businesses indicates how poorly most companies are managed.

    Newspaper, book, goofing off on Slashdot, crossword puzzles, phone gossip, water cooler loitering. The bottom line ought to be: are you getting your work done, or not? Hell, plenty of people don't goof off in tangible way, but still manage to waste hours every day and avoid getting work finished. I've also encountered plenty of folks who "work" 50 hour weeks but manage to get almost nothing done.

    It seems like managing for outcomes is a helluva lot easier, too. If you're spending time as a manager trying to figure out if your employees are surfing the Web, that's time you could be spending checking your employees' actual work output.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Seems like a no-brainer by jafac · · Score: 1

      Hell, plenty of people don't goof off in tangible way, but still manage to waste hours every day and avoid getting work finished. I've also encountered plenty of folks who "work" 50 hour weeks but manage to get almost nothing done./i.

      Those people are the worst, because in the process of killing time, they end up wasting everyone else's time as well. At least the guy who spends 2 hours a day on slashdot isn't wasting my time asking me questions he could look up himself, or dropping the ball on tasks and not telling anyone.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    2. Re:Seems like a no-brainer by Acer500 · · Score: 2, Interesting

      Reminds me of another Slashdot post that pointed out that it is really difficult to find the real productive people just by looking at that kind of indicators. A quiet person who works mostly office hours, takes a break to read the newspaper, surf the Web or play some game might seem less valuable than a glib articulate worker that stays overtime very often

      However, I've seen that several of the first kind of workers actually do get their work done, are often way smarter/better qualified but have more difficulty expressing themselves and thus don't seem as good when viewed by upper management that sees a glib talker that might be clueless, and takes so much longer than the other to finish work that has to work extra hours (see joelonsoftware for some info he has on productivity related to programming in particular, which IMO can be applied to information workers in general). Also, the image which got me thinking about that recently, from a blog: http://headrush.typepad.com/creating_passionate_us ers/2006/04/when_only_the_g.html

      which I originally found here: http://www.businessinnovationinsider.com/2006/04/0 9-week/
      Joelonsoftware's link: http://www.joelonsoftware.com/articles/HighNotes.h tml (very general but covers the topic briefly near the end. I can't find a more specific one ATM)

      --
      There are three kinds of lies: lies, damned lies, and statistics.
  51. Quit folding. Call his bluff. by Jeff+Molby · · Score: 1
    Who's going to risk a job over two 15 minute breaks?

    Anyone who's more like Peter than Tom.

    It's all a big poker game. Most bosses probably don't want to hire and train a new person over a petty issue, but they don't have to worry about that because you're too afraid to stand up for yourself. You'll spend the rest of your life f@#$ed if you fold every time your boss tosses a few chips into the pot.

    1. Re:Quit folding. Call his bluff. by Tim+C · · Score: 1

      Definitely.

      If it really is company policy that you should take those breaks, then not doing so is in fact a violation of company policy. I can't see personnel taking too kindly to your manager trying to fire you for adhering to company policy, or to him trying to coerce you into breaking said policy.

      If personnel lied in the interview, then you have an unreasonable manager coupled with a hostile personnel department; you're better off working somewhere else.

  52. Don't go crazy just yet. by Anonymous Coward · · Score: 1, Insightful

    Note that it doesn't appear that this ruling will impact anyone outside of the particular work situation/contract that the employee was hired under.

    In other words, it's very doubtful that this ruling applies to you.

  53. As long as the person gets the work done... by Tetard · · Score: 2, Interesting

    That is what matters: that they do the work they're paid to do it. If they spend their time surfing, and don't do the assigned tasks, then it's symptomatic of another problem. Looking at websurfing as a quality indicator is a sign that management doesn't know what its employees are doing.

    Funnily enough, this comes from the US, which I seem to remember prides itself on being result-oriented (i.e.: looking at how the person and the company performs, not so much on how it's done) rather than process oriented (i.e.: as so-called old-fashioned Europe supposedly does).

    Or maybe it's just that management is afraid of litigation from the employees because they might see (OMG!) breasts! Or ... NAKED PEOPLE!

    My 0.02 EUR

  54. There is No Federal Law by Anonymous Coward · · Score: 0

    There is no Federal Law regarding breaks for non-minors. There are state laws and company guidelines which can garnish you rights for breaks, but that is it.

  55. re: simple-minded "fix" is more like it by King_TJ · · Score: 4, Insightful

    Your suggestion to simply "remove all web browsers" is about as sensible as removing the telephone from an employee's desk or office, citing the fact that "Many of you don't really need one to get your job done."

    It could probably be done, but it creates a hostile work environment. People expect to be able to check their personal email during lunch breaks and so forth, and these things usually require web access. Furthermore, it's increasingly difficult to make a determination that "employee X never needs Internet access". What if their boss suddenly asks them to "find me some documentation on how this machine is disassembled", or maybe "get me some price quotes on a new air compressor"? Does it makes sense to limit them to making phone calls from numbers they can find in the phone book, and talking to a few salespeople to find out "the best possible price"? If they had Internet access, a few searches on a search engine could yield them much better results.

    Even your secretaries/administrative assistants (who many bosses think do nothing with the Internet besides play online games and waste time chatting) often save a company money when they realize they can use the net to get better pricing on toner or ink cartridge refills, paper, and other office supplies than what they've always gotten through their normal vendors. And if your company still uses a travel agent to book flights - shame on them. Give your employees access to the airline web sites and car rental/hotel chain sites, and let them take care of those things themselves!

    Bottom line: Giving people more tools to accomplish tasks is never a "bad" thing. The issues only come about when poor management allows employees to waste too much time. It doesn't really matter if we're talking about the Internet, trips to the water cooler, or reading books.

  56. Sounds resonable to me by houghi · · Score: 2, Interesting

    Each and every case will most likely be different. Are you just browsing a bit around while others take their 10 minutes break, or are you do it 6 out of the 8 hours and the other two is at the coffee corner?

    The importand question is if it was interfering with his job. I have been in situation where management did not provide enough work and still asked not to surf. It was allowed to bring a book and read. So I could buy Hacker Crackdown, by Bruce Sterling but not read http://houghi.org/Fun/hack12.txt

    --
    Don't fight for your country, if your country does not fight for you.
  57. Surf at home.... by Anonymous Coward · · Score: 3, Insightful

    I'll tell ya what - when you're on my LAN, using my Computer, and my Internet connection - then I tell YOU what YOU can and can not do. If you don't like it, then use YOUR LAN, YOUR Computer, and YOUR Internet connection...

    When I came on the scene - I had a slow, saturated T1 with people complaining all the time. A couple days analysis and I discovered that all the bandwidth was going to bullshit - music, shopping, news, downloading screen savers/ringtones, etc. So I set up DansGuardian and blocked everything but what we decided to allow. Now I have a T1 line that's not saturated, and get's about 50% use with 75% peaks (so I'm looking at going to a fractional to save some $$$).

    Yep - I'm the "Company Dick", people hate me, but the boss is happy that I've cut costs and have people working in the office... Even better - people get their shit done during the day, so once they got with the program, they were able to get more work done and go home on time - so they're slowly starting to come around too... And nope, no one quit...

    I have the same policy with email - no personal use. We whitelist all the known addresses/domains that we use for business, and let the rest hit the spam filters. We monitor the spam filters daily to make sure nothing either slips by or gets caught unnecessarially, and when we discover a bizillion messages that have nothing to do with business - we blacklist that address - we don't bounce anything, just blackhole it... that problem takes care of itself after a day or so and some "Test messages"... Requests to open up those addresses are summarially ignored.

    Yep - I'm the company dick, but my email server isn't overloaded with a lot of shit, and I don't need to increase the capacity to handle a bunch of non-business crap.

    My company cell phones - no personal use. I monitor all the #'s and match against known personal numbers/known business #'s. All the rest are looked at statistically to see if there's high usage. If there is, and it's not business related - I charge the employee back.... Yep, I'm the company dick, but I saved this company hundreds of thousands of minutes last year on our cell bill.

    And yep - we DISCLOSE everything we do at the time of hire - employee is free to not accept the agreement, and we just won't hire them. If they do accept it, then I expect, require, and demand that they hold up their end of the bargain or I'll charge back just like I said I would. Once the first few chargebacks go out, people get the message pretty quickly and the shit stops.

    If you want to get personal calls at work - carry your own damn cell phone. But if that affects the time that you are to put in for this company - we'll fire your ass, so keep it short and sweet and only when you need to. None of that all day SMS/IM crap about what you plan to do after work, blah blah blah...

    I've had a couple people go to court, try to challenge it, but hey, we're employment at will, not some bullshit governmental shop so they get no where with it once we pull out the copy of the agreement they signed...

    My advice: Grow up. Be professional. When you're at work - try WORKING for a change.

    (and no, I'm not doing this from work...)

    1. Re:Surf at home.... by Dunbal · · Score: 1

      We monitor the spam filters daily to make sure nothing either slips by or gets caught unnecessarially, and when we discover a bizillion messages that have nothing to do with business - we blacklist that address

            So what you're saying is that you read other people's mail?

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Surf at home.... by Gorm+the+DBA · · Score: 4, Insightful
      Wow, your company morale must be sky high. If your company is publically traded, could you send me your stock symbol so I could short it? Studies have proven repeatedly that companies that TRUST THEIR EMPLOYEES to do what is right result in significantly larger profits over the long term.

      Yes, you may well get the occasional person that spends too much time on their connection. You can catch that using your big brother software and counsel/fire/shoot/whatever that person. Yep, you probably have that right.

      Trust me, you're still not getting 8 hours a day of work out of your people. They're using MS Word to update their resumes, or they are staring at pieces of paper on their desk looking like they are working, but in reality, they're counting minutes. Or they're at home, taking every single vacation/sick/comp time minute they are entitled to, in an effort to rebalance the work/life ratio that the US has completely screwed up. Or they're around the coffeepot/water cooler complaining about you. Probably taking 90 minute lunches too, because they're having to take care of the personal business you're not letting them take care of at their desk.

      Of course, I'm probably feeding the troll here, but I couldn't let it stand.

    3. Re:Surf at home.... by Anonymous Coward · · Score: 0

      i think its 100% obvious to everyone that you're making this up. no one is convinced.

    4. Re:Surf at home.... by Ph33r+th3+g(O)at · · Score: 0, Flamebait

      Nice troll/fantasy about what you would do if anyone with money were foolish to trust you with that kind of power. Bravo!

      --
      I too have felt the cold finger of injustice.
    5. Re:Surf at home.... by Stickney · · Score: 1

      Wow....

      Teach me, master...

      Seriously, that's awesome. Our company isn't quite as strict, but I'm also on the job ~17 hours a day with a lot of down time. Definitely all good ideas for a normal 9-to-5ish.

      --
      ...the right of the people to keep and bear arms, shall not be infringed.
    6. Re:Surf at home.... by freeweed · · Score: 5, Insightful

      My advice: Grow up. Be professional.

      I agree fully.

      Remember that time you called me late one evening because something was acting up on your servers? Tough shit, I'm no longer on the clock.

      You want me to work a few minutes late to help keep a client happy? Sorry, it's 5:01 pm, and you're not paying me to work one second more than 9-5.

      You're a bit short-staffed just when I have some time off planned? Aww, too bad. This is my vacation time, and there's simply no way I'm willing to be flexible about anything involving my personal life.

      I'll tell ya what - when I'm on MY time, using MY car, or in MY house - then I tell YOU what I can and can not do. If you don't like it, then use YOUR time, YOUR car, and YOUR skillset..

      My advice: Grow up. Be professional. This cuts both ways. The employer who runs a punch clock sweatshop is just as much of an ass as the employee who thinks they can surf the Internet for 5 hours a day while at work. Oh, and you have some seriously incompetent employees, and management, if you've honestly improved working conditions with your act.

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    7. Re:Surf at home.... by HotmanParisHiltonKam · · Score: 1

      So instead of spending money on bandwidth and phonecalls, the employer spends the money on your salary for Big Brother tactics that reduce morale. Good plan.

      As a telecommuter, I DO provide my own bandwidth for work, my own cellphone and my own personal email. Oh yes; I work for one of those Governmental shops where firing people is difficult. See, the idea is to hire the right people in the first place - people who want to work, not those that work because they have to.

    8. Re:Surf at home.... by grouchal · · Score: 0

      Were you bullied at school?

    9. Re:Surf at home.... by cfx666 · · Score: 1
      Yep, you're the company bastard dick from hell. Let me guess: You posted this from your office during working time, did you?

      Cfx

      --
      You have 2 nucular Moderator Points! Use 'em or loose 'em!
    10. Re:Surf at home.... by pandrijeczko · · Score: 1
      people get their shit done during the day
      but my email server isn't overloaded with a lot of shit
      we'll fire your ass

      Perhaps with all the money you save on bandwidth costs, your boss can afford to send you on an "interpersonal skills" course - or maybe just send you to English grammar evening classes...

      No, I don't find foul language offensive - I just have little time for people that consider the overuse of it as being cool or clever.

      --
      Gentoo Linux - another day, another USE flag.
    11. Re:Surf at home.... by Anonymous Coward · · Score: 0

      No, you're speaking like a person that is probably productive even with the distractions - the problem is you need to step back and realize that MOST people are NOT that way. Most people cannot manage their time. (most people are morons, but that's another thread) Also, you've chosen to ignore what he posted - they WERE trusting the people until they realized that said trust was being abused - it sounds like abused in a BIG way. Now, did they sway back the other way hard - I dunno. But the real question is do YOU have a right to tell them they CANNOT run their company that way. The answer is no, you don't. Your power lies in chosing NOT to work there - for all we know, they pay a great wage with a great benefit package - MANY people would be ok with working at work for that.

      Past that, I could say you are trolling with the whole 8 hour remark. Everyone knows most employers aren't expecting 8 hours of productivity - that's just not going to happen. But I don't think it's unreasonable to say 'We are not going to spend extra money so you can goof off with work equipment or during work hours' and that's pretty much what the post was about: Internet usage, Cell phone usage, E-mail usage. These are all expenses - and that money has to come from SOMEWHERE. The problem these days is people don't understand - NOTHING is free. You get three weeks vacation? You get a company car? I promise you the cost of that is built into your salary - why do you think consultants make what they do? People have no concept - it's right up there with 'I got money back on my taxes' NO, you got to KEEP YOUR MONEY - you simply gave them too much.

    12. Re:Surf at home.... by Hillgiant · · Score: 1

      You don't understand. It isn't their mail, its HIS mail. If HE likes it, HE will pass it on.

      --
      -
    13. Re:Surf at home.... by dclydew · · Score: 1

      I don't disagree with you, in that I think companies have the right to do as they please... I do however think that such a position does more damage than good to the local work ethic. There may be a wide gap between what one can do, and what one should do.

      --
      Get a life, not a lifestyle. - Hikem Bey
  58. Corporate douchebag.... by Anonymous Coward · · Score: 0

    Get a life, you ass-kissing putz...

  59. Odd really by Anonymous Coward · · Score: 0

    Since I don't work in the U.S. I may be far off from my observations, but this web-surfing-termination deal seems a bit blown out of proportion, atleast here on slashdot. I get this feeling that people that are terminated from their jobs for web surfing were either...

    1) Totally incompetent in the first place and continuously refused or failed to get their work done, or

    2) Were working for one of the few employers that were REALLY big asses, and either way they should have left the job. (In which case I can understand the anxiety.)

    I've worked for several employers, have had several managers and a varying level of work contracts. That said, I've never been harassed for web surfing, posting on slashdot, taking a short walk during business hours, socializing in the office, or being caught totally idle, gazing at the ceiling. That said, I think it's because everything was in moderation.

    If I were a manager (well, actually I am), I would have no interest in going around and getting on employees cases for such behavior, especially if they are actually getting their work done. The only case I would make a point would be if the employee is doing exceptionally well at their job, but their non-work related behavior is distracting others or lowering office morale to unacceptable levels. In that case it's no longer just that single employee's problem.

    Different people have different work styles and habbits. Some people are good at working slowly but deffinitely and don't seem to need that many breaks. Other people (and I suspect the slashdot crowd more often fits under this description) work in highly intense bursts, get loads of work done, and then move off to other relaxing, fun tasks (be it work or not) for an equal amount of time. You could say that they take half their paid time fooling around. But they still get work done. A good lot of work. These people also don't tend to bitch as much about working long hours during really busy periods. (The key is to not let them run these extremely long working hours for an extended period of time though.)

    If the employee web surfing was gazing at pr0n, or other questionable material (which they are free to do at home or some other private location where I could care less) this would be a problem, but it's not a web surfing problem. The medium just happened to be the web. And yes, I have confronted other idiot managers for this exact behavior... Somehow that private office seems to bring the worst out of managers. Maybe even myself.

    Either way, whatever keeps productions levels high is a-good-thing, and anything that brings it down is a bad one. I find socializing in the office to be exceptionally important. People that don't work on the same projects exchange information and ideas. People get to know each other better. This is good. Very good. No amount of meetings would or could ever exceed this. Web surfing can be equally good too. I'm sure everyone has gotten ideas from web sites that are entirely off topic from their job. External stimulus is good. Reading the newspaper is good too. Making phone calls to friends... weeeeell, keep it short, like agreeing on a time and place you'll meet after work. Yack yack yack and I'll yank the cord.

    Yes there are contracts, yes there are rules, but in my opinion those are more guidelines, and a worst case scenario backup defense. You can't reasonably expect anything in everything to be covered fairly. How the rules are actually applied to the work place is entirely different. I sure hope that my previous experience is not out of the norm here, cause if it is, god help the economy!!

    Employees are the most important part of a company, for obvious reasons. Let them be productive. That doesn't mean productive 100% of the time during work hours. That's just down right impossible. That said, I highly suspect that web surfing alone was actually the least of the problems these people were actually facing... As for me, I may have been lucky, but I've only ha

  60. These are two unrelated cases. by indole · · Score: 1

    They just mention the solitaire firing since it is tangentially relevant. And Bloomberg is a douche.

    --
    (2,3-Benzopyrrole)
  61. MY SOLUTION... by pizpot · · Score: 1
    SUMMARY: drop the workweek to 30 hours and turn off the internet.

    P.S. Pleeeze.

  62. Just more support for... by tfcdesign · · Score: 1

    When I have employees comnputers will only be allowed email and IM - unless web access is necessary. And at that point they will have to share a common terminal.

    I remember before the web how much more work was done. The distracts us too much and is not necessary for most jobs.

  63. Design Notes by OverflowingBitBucket · · Score: 1

    Unfortunately the system logging net usage does not attempt to correlate it to compiler usage, so it doesn't show that you were surfing while waiting for a 15 minute build and link to complete because a header file used by only 21% of the code had to be touched and you need the resulting binary to do testing.

    This is precisely why I keep a laptop, pen and paper around, so I can work on some design notes for the next task I plan to tackle during these idle moments. Without these, I'm prone to random web browsing and posting on...

    Oh. It seems I'd better go get my laptop.

  64. Solitare is a bit different than reading news by brett880 · · Score: 2, Interesting

    According to the article, this person was fired ultimately for playing solitare on the job after being told to stop surfing the net. I think playing games on the net on company time is a bit different than a quick peek at a news site or something similar....especially after being told not to spend time surfing. I can definitely understand him being fired for this.

  65. What about "at will" states? by jbarr · · Score: 1

    Many (most?) states have "at will" employment laws where the employee can be fired/let go/terminated for any reason. Does this ruling apply in those states?

    --
    My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
  66. Bad argument. by Captain+Scurvy · · Score: 1
    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.'

    The major difference is that company-owned productivity tools are used to surf the Internet during work hours, meaning the employer should still have the ultimate say.

  67. Not even that. by lancejjj · · Score: 1

    This ruling won't cover you even if you do live in new york. This ruling will only cover you if (1) you're employed under the same contract as the other person, and (2) you were doing the same thing this other guy was doing.

    It's fair to say that 99.99% of the people out there don't conform to #(1), let alone #(2).

  68. architect == noun, design == verb by Anonymous Coward · · Score: 0

    OH... MY... GOD!!! STOP WITH THE "ARCHITECTING" already!!!

    Quickest way to make your "important" job sound like a joke? Start "verbing" nouns.

    Look it up. http://www.answers.com/main/ntquery?gwp=13&s=archi tect

    I really should chill out, but this one's just a _huge_ pet peeve of mine. Especially in the computer industry.

  69. Mod Parent Up by Anonymous Coward · · Score: 0

    Just because you have to wait for a compile, doesn't mean the next choice is: slack off. That's BS. There's always work to be done. Event without the computer. Sketch out a diagram -- list some pre/post conditions for some logic sequence. It's not like you have nothing to do. Also, who's working on a machine that takes more than a minute to compile something? Either you're building an operating system, or you need a new machine.

    1. Re:Mod Parent Up by CortoMaltese · · Score: 1
      Also, who's working on a machine that takes more than a minute to compile something? Either you're building an operating system, or you need a new machine.

      You've obviously never run Gentoo.

  70. This AC is contradictory by DavidinAla · · Score: 2, Insightful

    If the contract allows surfing the web on breaks AND this employee is guilty of doing nothing but surfing on breaks, then he would be guilty of NOTHING. But the AC says the judge is right. Since the judge ruled that the employee should be reprimanded, the AC would have us believe that the judge has correctly ruled that the employee should be reprimanded for doing nothing wrong. So which is it? Is the judge abusing the poor, innocent civil servant? Or do you admit that the person WAS doing something against the rules and the real argument is what punishment is appropriate. In LogicLand, you can't have it both ways.

    David

    1. Re:This AC is contradictory by dwpro · · Score: 1

      if new york has any system close to the one here in texas, moderate personal use of a telephone is expressedly allowed. Conversely, there is a zero tolerance policy for personal use on the internet. Does this not seem counterintuitive to you? In my opinion, the intent of the telephone policy voices that the government understands the needs of its employees to communicate with the outside world while at work, and makes reasonable allowances for that. The zero tolerance policy is not only stupid (as are many state policies, ever seen the cones behind state vehicles?) but it is incredibly unfair to fire someone over such a minimal offense.

      My boss has told me that he thinks it is an outdated policy, and would not be a nazi about it (contrary to what our new employee training speakers blathered on about.)
      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
  71. I, for one... by Zoxed · · Score: 2, Funny

    I, for one, welcome our new paper-pens-and-paperclip providing overlords.

  72. Outsource web surfing by Anonymous Coward · · Score: 0

    Companies should start outsourcing their employees web surfing to India...

  73. yer right, and that brought tears to my eyes... by way2trivial · · Score: 1

    just looking at the path, seeing the email addresses listed, and warnings that 64k was a 'large' file...

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  74. What's with all the comedian wannabes? by Anonymous Coward · · Score: 0

    I find it vastly amusing that 95% of the news lines consist of 95% posts where someone is trying to be funny (and someone has modded them up) This falls right in line with one of my prevous posts of 'What's the point in asking a question here?' as again, there will be little to zero actual answers - and what answers there ARE are completely obliterated against the backdrop of comedian wannabes. This USE to be a place to get an intelligent discussion on matters - now it only useful as a news headline aggregator - may as well use Yahoo for that.

    Lost actual answer from me: It never ceases to amaze me the amount of power workers are getting. Let's say I'm a business owner. I'm the one risking my future and my savings. I'm the one that went out on a limb to MAKE a place for YOU to have a job. The government steps in pretty quickly and tells me who, how and why I can hire or fire people. Ok SOME of thoese rules make sense, but again, how can anyone tell me how to run my business. And NOW you're going to tell me how I can run the day-to-day operations. I FIRE people for wasting my money - and THAT is what you are doing when you mis-use ANY resource. You do NOT have a right to surf the internet or for that matter make a personal phone call while I am paying you for YOUR time. When my company fails, no doubt in part due to the fact I have can't fire someone for goofing off, YOU will just move onto another job. I've lost my savings and have to start over.

    You don't like that idea you say? You think you should be able to make some personal use of your time while at work? Cool idea - what don't YOU start a company and let all YOUR employees burn 2-3 hours a day surfing the net, playing games or chatting on the phone - but until YOU step out over that cliff and risk YOUR savings you don't even need to talk to me about it much less make rules. And for those of you that HAVE done this thing - great. I STILL don't want you making rules over how I run MY business. Go run yours into the ground.

    Let the whiners begin their replies - IF you can find my post.

  75. where can i sign up... by Anonymous Coward · · Score: 0

    ..for that job where you can read the daily newspaper at work.

  76. It's okay in California by OrangeTide · · Score: 1

    That was in New York. Here in California you can terminate people arbitrarily. (it's a 'right to work' state). It might not sound fair that you can lose your job at any momemnt without warning, but the advantage is that employees can leave without notice and work for a competitor.

    Personally if some guy was surfing the web instead of doing his job, I'd fire him after maybe a single warning. We're all adults, having escalating levels of punishment for your employees only makes sense if they are children. (or wish to be treated as children).

    --
    “Common sense is not so common.” — Voltaire
  77. 4 degrees is nothing by DavidShor · · Score: 1

    My cousin is the morroccan ambassidor, he met George Bush(as ambassidors do), who met Putin.

    1. Re:4 degrees is nothing by andreyw · · Score: 1

      Very interesting nevertheless.

  78. hostile ? by Anonymous Coward · · Score: 0

    I don't think restricting Internet or phone access is going to meet the legal definition of "hostile work place".

    It certainly could make the work place less appealing for employees, but so do cubicals. Neither is unlawful.