Computer virus policy
caseymax
2 Posts
The owner of the company I work for wants a policy written that states if a computer you work on gets a virus that requires a service call from IT that the cost of the visit will be deducted from the users paycheck. Any advice on how to write this up?
Comments
Yes, like this:
Dear Owner,
The policy you want me to write up regarding charging employees for viruses acquired on their computers is illegal. We can no more force them to pay IT to remove viruses from their computers than we can force them to buy their own computers to do their jobs. Maybe, in some states, we might have a shot if we can show that the virus was introduced on purpose. Maybe. Probably not. Instead, we can simply enforce our IT use policy and discipline people for doing things with their work computers that they should not be doing.
Sincerely,
HR
I tried to find guidance at the federal level and could not though I'm sure it is there. But I knew that such a policy is illegal as TXHRGUY has said. I did find Virginia employment law guidance under VA Code Sec. 40 that says basically that an employer cannot require an employee to forfiet any part of his or her wages for items such as breakage, errors, or shortages. Your employer may be frustrated with IT issues but you can't write a policy they way he/she wants it.
Since others have talked about the legality issue, I will go in a different direction. How about writing a policy that talks about appropriate computer usage, internet usage (including sites only for business purposes, as many of the viruses that affect a computer come from sites and email programs that a person does not need to use during the course of doing their job), the company having the right to review all computer files as well as monitor internet usage, and the employee has NO right to privacy regarding anything that is done on a company laptop and on the company network/email system?
If you are having a major issue with viruses and other IT related problems, then it is time for the company to find out why this is happening. Write the policy as I described above and then monitor and discipline accordingly. If you are not currently monitoring, then I can only imagine what you are going to find. As I mentioned before, most viruses and other IT related problems come from misuse of the computer and visits to websites/email programs that have no use at work.
What state are you in?
Perhaps someone will be able to give you chapter and verse. The law Cappy found is typical, but if we could arm you with the proper information for your own state, perhaps we could help make your life easier.