Need your advice asap

Our MIS mgr. was copying a drive off of a male supervisor's computer today to install the drive on another employee's computer. The male supv. knew she would be working on his computer and gave her permission. He was out of the office at the time. The MIS mgr. needed a diskette to use to copy this drive so she picked up one he had on his desk. She said she has done that before with other employees when she needed a diskette. She said she assumed it was a business diskette.

When she put the diskette in, it was several sexual acts between men. This male ee is gay. Our MIS mgr said she immediately took the diskette out and laid it back on the desk. She says she was not meddling, but innocently picked up the diskette to copy this drive. I believe her. The question is whether we should confront this male employee about this, given that we know now, it was his personal diskette. We don't have proof that he used the diskette on our computers, even though we believe he probably did or why have it at work. I would think most people would not bring a diskette to work if they are not planning to open it at work. Just our opinion. Should he be confronted now is the question or just monitored. She did not find any evidence that he downloaded anything to the hard drive. The MiS mgr. said she did notice when she was using his computer that he deletes all of his history everyday. She said there was no history at all on his computer. I know most people do not have time to do that everyday. That seems suspicious to me. What makes it so difficult is that WE REALLY LIKE THIS EMPLOYEE. HE IS AN EXCELLENT PERFORMER. It would be very embarrassing to confront him. Should we confront or just monitor him? Any liability since it was his personal diskette? Any suggestions would be helpful.

Comments

  • 24 Comments sorted by Votes Date Added
  • Do you currently have a internet policy? If so, does it state anywhere that your organization may monitor internet/computer use? Examine your policy and then decide what your next step of action is.

    I don't there is anything wrong with confronting the employee about the disk and that it should have been put away, maybe in briefcase, car, anywhere but on his desk. Afterall, I think having disks like that around increases liability.

    Good luck.
  • I have one problem with this whole thing. When our MIS or IT person comes around to copy, delete, or update software, they ALWAYS bring their own diskettes.

    To pick up a diskette that was "on the desk" is ludicrous. If someone came into my office and did just that, they would be fired. How dare they assume, because it was on the desk, that it would be company property and ok to use? What if the diskette contained confidential employee information? or financial data?


  • I see several issues with this scenario. Let's assume the manager was in posession of a disk that he purchased with his own funds, and from the privacy of his own home filled with pictures of men engaged in homosexual acts. He planned to meet his non-coworker boyfriend/partner/friend at lunch, away from the office, and share the disk with him. I don't see the problem.

    Second, it would be very difficult to prove the disk was his if he were to deny ownership (especially if you have no proof the content was downloaded from work and it was not him who appears in the pictures).

    Third, the fact that he erases his history file from his browser's cache every night means nothing. You can set-up any browser to keep history for zero days and reject cookies and not keep offline content. You can also configure most browsers to clear the cache automatically every time you exit or open the program to keep clutter and disk fragmentation to a minimum.

    Last but not least, if you are in a client-server environment, the fact that he clears his history file means nothing because the proxy server and/or hardware firewall has a history file of its own which is often much more detailed than the local machine's. So, if there's a trail to be found, it's there.

    Otherwise, the only infraction I see here is that he should exercise better judgement in leaving personal items where they can be inadvertently found by others. Imagine the horror if instead of the MIS person, it was an admin looking for the PowerPoint presentation disk for the board of director's meeting about to commence! ARRGGGGGGGGHHHHHHHHHH!

    Gene
  • I agree with ritaanz. I can't ever imagine any MIS or IT person picking up any diskette on anyone's desk and assuming it's ok for them to use. WRONG! It could be confidential information that the MIS/IT person had no right to see! Tell the MIS/IT person to always bring their own diskettes and stop snooping at other employees' desks!
  • I agree with ritaanz -
    The MIS person should not be going through a desk looking for diskettes even if it is in plain view but rather have there own supply. Had this happened you would not have a situation.

    But since now you are aware of this happening you may want to let the ee know and to make sure personal items are put away or left at home/car.

    I would not discipline the ee unless something substantial was found on the computer. I would also not go on a witch hunt trying to find something because they delete their activity for the day.

    JMO,
    Lisa
  • Now that you have been burdened with this knowledge, what to do? Does KY recognize gay's as a protected class?

    Is this different than an X-rated magazine that was in a desk drawer and discovered by accident? I don't think so. The offensive material is at work and your assumptions are probably accurate as to his viewing it using your equipment. I suppose, on the other hand, someone could have just given it to him that day and he intended to take it home.

    The advice to look at your policy to determine your company's tolerance level for personal use of company equipment is a start. You have stated this is a good EE, but would your desire to avoid this issue be different if it was a bad EE? The consistent enforcement of policy is important.

    Perhaps some verbal coaching as to what is inappropriate in the workplace and what is OK to use the company equipment for. Have you checked emails to make sure your company's name is not traveling around the planet with content that is not acceptable? It is my understanding that a large majority of harassment evidence comes from email and logs of website access. Deleting the history by itself does not do it - the Cookies file will also show sites that have been visited. I would check email and the Temporary Internet Files to determine if you have any exposure.

    Finally, you can buy and install software that will track what is happening even if he does delete the history files - but you may be setting a precedent that your company is unable or unwilling to extend to all EEs.

    Ignore this at your discretion and peril - it may come back to bite you when the next one comes around.
  • In my opinion, the disc was/is personal property. It would be the same if I had a copy of Penthouse or Hustler magazine on my desk in a wrapped brown bag and some fool opened it up and gasped and fell against the wall, offended. To me, it goes no further than that.

    PS: I don't buy the story about assuming the disc laying there was fair game to use in the IT person's process. That's BS. They were snooping. You have no evidence to suggest the homosexual employee (as if that matters) was using the disc on company time or equipment.
  • I agree that IT should use their own discs. But I guess I disagree with most of you about the appropriatness of the ee having the disc at work. My position on pornography at work is no different than drugs - not tolerated. It matters not to me that it was in a disc form that someone had to manipulate before seeing it (like opening Don's brown paper bag), it could have very easily been comingled with other business discs, and opened accidently by someone else. While we do not look in people' pockets to see what they are carrying, we may look on or into their desks if we have need, and it is not a private place. I think the issue is judgement a)shouldn't have brought the stuff to the work place, and b) if stupid enough to bring it in the building, should have kept it in a private place (his pocket). I would definately speak to him, and if this doesn't violate your policy, change your policy. And, if we are concerned how our employees are using their time and where they are going on the net, arn't we entitled to review their history? We need to know where ees are going and how they are using OUR time, if for no other reason to protect the system. I think this whole thing is ripe for policy review, and discipline.
  • Sticky situation. I could argue either point. Fact is, that type of material is inappropriate in the workplace. Did he violate any rules/policies? If nothing else, you now are aware that he may very well be doing something inappropriate during work time with the work related computer system.
    There are a few ways you could approach this in my mind, first you need to discuss with him the disk, what happened, and that obviously it is inappropriate to have this type of material at work. Second discussion is that between the disk, and the fact that he erases his history every day........... it creates a questionable situation that the company will have to look into. Now it is your decision if you want to start looking at his internet use beginning with before or after you have this conversation. By saying Bob, starting Monday we are going to be evaluating your use of the internet, and randomly monitoring your computer usage going forward you can accomplish two things. 1. If he is doing anything inappropriate, it will stop, unless he is stupid. 2. You have corrected the situation without having to fire him. Problem resolution is the end result. Of course you have to make it clear that violating company policy on computer usage, or viewing porn etc, etc will result in termination.
    Could he be going to a gay dating site and not want that seen? Would you treat Susan in accounting who is straight any differently for going to her matchmaker site once a day? Same issue, just ....well let's say most would be more comfortable with Susan checking her email on there during her lunch time.
    Also you may require him to remove any software that is not authorized that deletes or cleans up the computer, sounds like he might be using this.
    I am not saying my thoughts are the way to go, I am just offering up a possible solution.
    My $0.02 worth.
    DJ The Balloonman
  • But, for the sake of argument, isn't pornography that's never seen sort of like a tree falling in the woods where nobody is? I would challenge any of you to fire me or take me to court for carrying a picture of a nude woman in my billfold (nor will I tell you who she is, so don't ask). And I can assume some lawyers would argue that inserting and opening a person's disc would be about the same as leafing through his wallet left on his desk. I understand and agree with the argument about company property and company rights; but, I do not think those elusive things extend to personal property. And while some or all of the conclusions you guys are jumping to about sites and software may well be true, aren't those conclusions being reached in part because of the man's sexuality? I don't even remember what was said about the content of the disc, but, for the sake of argument, and to really exercise our imaginations, let's say that he is going to counseling regularly and the disc was given to him by a psychiatrist as part of a treatment plan, and assume it is not being used at work, but he just happened to have it with him, sort of like a legal prescription. Things can get as cloudy as we'll let them, can't they?
  • First of all, the MIS mgr. is unbelievable (I'm being tactful here). She is saying that she constantly destroys information because she needs a diskette. She is a snoop of the worst sort. Therefore, her behavior should also be an issue. If it was me, I wouldn't allow her near any HR or payroll computers.

    Second, it was inappropriate for the ee to bring that diskette into the office and silly to leave it lying around. However, you have no proof that he was doing anything wrong. Therefore, there is nothing to be done.


  • Is this for real? This happened at your company? The whole thing is crazy.

    You have strong evidence that TWO employees may have committed misconduct and you need to investigate, using a computer expert from outside of your company.

    First you have the movie buff who, at a minimum, had rotten judgement to bring it to work and leave it on his desk. And I seriously doubt that he brought computer porn to work unless he intended to look at it on your company's computer. And I wouldn't be surprised if he has used your company's e-mail and/or Internet for porn, maybe a lot. An outside computer expert can easily find this out even without the computer's history files.

    Second you have the MIS manager, who may have committed more serious misconduct. Her story of innocently using the diskette is absurd. Any computer person would bring their own disk. Even if it was a business disk containing business documents, she had to think that (a) the disk had enough capacity to hold the new files she wanted to copy, (b) the supervisor wouldn't mind her looking at his files on the disk, and (c)he wouldn't mind her taking the disk out of his office to copy the files onto a co-worker's computer.

    I suspect she was snooping, which is a breach of trust for an MIS person who is entrusted with access to all sorts of confidential, personal, and proprietary information. Maybe she wanted to look at the disk because she had seen something suspicious on his computer by using her MIS powers (either legitimately or for improper snooping). I would conduct an immediate investigation with an outside computer expert to make sure she can be trusted with access to your company's entire computer system.

    This is for real, right?

    James Sokolowski
    HRhero.com
  • I would first document the entire incident as related by the MIS manager. I would express your concerns to the MIS manager that he may have crossed over a line by using a diskette that was clearly not his. Who knows what could have been on that diskette? If he needed a scratch piece of paper would he just grab a document from the desk?

    Next I would decide its time to evaluate internet usage of all employees and deal with any improprieties that you find including pornography, E-bay shopping, instant messaging, and HR Hero forum time wasting.

    I wouldn't address the issue with the employee unless your organization wide review of internet usage revealed innappropriate activity.

    Ahhh... its good to be back.
  • Yes, this is real. I talked to the MIS Mgr. again on Friday. I asked her why did she not take her own diskette. Would it not be standard to take a diskette for these type of things? She said she did not anticipate needing a disc because what she needed to do could be done at his computer. Only when she had problems did she need a disc and saw one of his lying on the desk. I asked her did she notice the provocative file names before she put the disc in, and she said the disc was not labeled. Only until she put the disc in did she see the sexual acts. I asked her this because I would have a better sense if she was snooping. I have decided not to do anything because I think it would turn it to more of a mess. I believe this male employee would accuse her of going through his personal belongings, and this would blow up bigger. We have an internet policy written and reviewed by our attorney, but we have not give it out yet because we are in the process of updating several of our policies. I want to give them out all at once. This is another reason that I am not going to do anything. The MIS mgr. assured me she would not use anyone else's disk that are on their desk. I know it is hard to believe, but it is true.
  • Hogwash! How many of you out there would have the audacity to use someone else's diskette? Who has the nerve to walk up to someone's desk and pick up a diskette?

    If nothing else, I would document this episode and mark it as a written warning.
  • GLC, if it were me, I would follow the advice and get an outside computer expert in and find out if the male ee did anything inappropriate.
    I cannot buy the fact that the MIS mgr. has in the past used diskettes without asking and didn't learn enough to bring a blank one along or go and get one. And, yes, she did go through the male ees personal belongings. I would have given her (at the least) a written letter of what is appropriate behavior for someone in her sensitive position.
  • GLC, what is unbelievable to me is your choice of doing nothing because it will turn into a bigger "mess." I'm curious as to what you mean by "mess." HR professionals are called upon every day to clean up messes. That's what we get paid to do. There are issues here that clearly need to be dealt with, and if you're in HR it's your job to do unless your boss tells you otherwise. Did they tell you it was gonna be easy every day when they hired you?
  • Last time I used a floppy disk, files don't just open themselves up. You generally have to double click on them to get them to open.

    Even if she was "borrowing" a stray diskette to copy a file to, there was no reason to open any files on there that didn't belong to her. Sounds obvious to me that she was intentionally snooping.


  • I am shocked. Do you know if the disk is really this employees? Could it have been planted by someone (perhaps the MIS mgr) who does not agree with his lifestyle choices?

    I think you need to deal with the MIS manager, not the employee, who in my opinion, did NOTHING wrong.
  • McMel makes a good point that is so simple and obvious, how could we have overlooked it? The manager KNEW the disc was not blank as soon as she put it in and clicked on open. Then to get to the good stuff, she had to make a conscious selection and a decision to do so.
  • mcmel and Don: I talked to Computer Guy Brad Forrister about this, and you're probably right. If you put a 3.5-inch floppy disk into a PC, the files won't open automatically unless the floppy was specifically formatted to do that. But the files might open themselves on a Mac. Or if it was a CD or other types of disk.

    Odds are that she clicked on a file to open it, but we can't know for sure without an investigation.

    Meanwhile, GLC, are you comfortable knowing that she has access to every confidential computer file and e-mail message in HR and the rest of the company? And when these two ees are up for promotion in a year or two, are you going to totally ignore this incident?

    James Sokolowski
    HRhero.com
  • All of you are right in the fact that the MIS Mgr. told me she knew when she put the disk in the computer that there were files on it. She said she clicked on one of them after she read the sexual names of the files. She said she was so shocked by the names that she wanted to open one of the files. She knows that was wrong. She said she had planned to use the disc to copy the file she wanted and then delete it after she was finished. She said she has done this before, at some of our other sites. As I said previously, she knows she did not make the best decision. She did not anticipate needing a disc so did not bring one. She is the type of person that would have innocently picked up a disc, copy what she needed, delete it and put it back on his desk. We talked about her not doing that again. Our MIS mgr. has been with us for over 8 years. She has been a very trusting person. She is not the type of person that would do anything to set this gay ee up. She is too busy for that. We have a very non-discriminatory policy on sexual orientation so that is not an issue with us. Someone said isn't HR suppose to deal with messy situations. Yes, that's right. I know this company very well and the players involved. In this instance, it would cause a very very large deal to tell the male ee. I have had a long conversation with the MIS Mgr. I anticipate she will be bringing her own disc from here on out. I do appreciate all the advice though.

    P.S. I've had a lot of strange things happen since I've worked here. One time I went into an employee's office who was about to be fired (and yes I was snooping, but it was justified), and I found a picture of our CEO glued to a voo do doll, with pins stuck in its head. The CEO was with me at the time so he was obviously taken aback. I guess she was taking her anger out on him. True story.
  • Hmmm....Gay porn and voodoo dolls! Sounds like an employer-of-choice in the making. The only thing missing here is bestiality and cocaine.

    SIGN ME UP! I NEED SOME EXCITEMENT! I VOLUNTEER TO COME DEAL WIT THESE ISSUES COMPARED WITH THE STUFF I'M BURIED IN NOW :)

    Gene
  • GLC, I think you are still avoiding an issue with the EE that had the disk at work. Do you have some sort of expectation of privacy policy? You have been burdened with the knowledge that inappropriate material is in the workplace, regardless of how you came by that knowledge. You can discipline the IT EE for what she did. Verbal coaching has already taken place.

    I would think, at a minimum, the male EE should get the same level of verbal coaching. An unlabeled disk out in plain view might take legs and show up in surprising places. What if the CEO was having some sort of emergency and needed a disk - happened to walk by this desk on the way to the supply room and just grabbed it out of convenience - thinking that any disk in the house is subject to his/her need and assuming that she/he has access to all company confidential information. I know this is far-fetched, but true circumstances are often more fantastic than anything made-up.

    I have heard of policies in a company that let all EEs know that their personal work space(s) are subject to search (various reason behind this) and that they should not have an expectation of privacy. This is a workplace, not a home space.


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