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Topic : Employee Relations in an Organization
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Activity:  15 comments  1238 views  last activity : 07 06 2010 20:18:04 +0000
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The news which is doing rounds in most of the Tech related websites is the case of a former employee with the IBM Corp, who was fired for visiting an adult chat room while at work is appealing a court decision against him. This news is the hot debate among most in the corporate sector. So thought of putting this issue up infront our members and see what they think of this issue.

According to many press reports it is said that the worker, 60-year-old James Pacenza has claimed that combat stress from Vietnam made him a sex-and-Internet addict who should have been treated and not dismissed.


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And in a statement the employee has said that "I felt I needed the interactive engagement of chat talk to divert my attention from my thoughts of Vietnam and death," and "I was tempting myself to perhaps become involved in some titillating conversation."

And he is taking IBM to court mainly because they are just using the chat room incident as a pretext to fire him, while the real reasons were his symptoms of post-traumatic stress disorder and his age mainly.

Is this a new thing that we are seeing people, there  are many emoployees who engage is such activity due to various reasons and it is indeed really difficult to take appropriate decisions in such cases. And in this case was it justified that IBM fired him for the chat room visit, or was it due to the stress disorder and his age a main factor?

What should be done during such cases and what is the most effective way to handle such cases?

 Top Comment : Alka Thakur   | 09 22 2009 08:28:47 +0000
Benefit of doubt is what every convicted person has the right to. Everyone deserves at least one chance to say something in his own defence. Big shots like IBM should not jump to a conclusion. Again I am not defending James. He is wrong in whatever he has done as office is not a place for all these things, but things can be explained........right?? His state of mind, his current situation could have led him into doing such things. Not everything that the eyes see or the ears hear is right all the time.
 
15 comments on "Employee from IBM gets fired over adult chat room visit"
  Commented by  Triguna Mutuguppe Sripathi, Sr. Software Engineer, Unisys Global Services India    | 04 07 2010 17:19:17 +0000
If James Pacenza symptoms of post-traumatic stress disorder is true and IBM knows about it, IBM would have taken necessary action to correct its employee problem rather fire him. I agree to some of the comments here that if IBM would have not punished James by firing him for chatting in adult room, others would have followed him. But if he would have saved by IBM, people would have surely not followed James but IBM. Even though the sites were blocked, we know that it can be opened by proxy or some websites which provide these proxies. So blocking sites does not help here. Only option I can think right now is to help James to come out of his problem. Every company would initially give a warning to such incidents and if people continue to do then they have right to fire. I do not know if IBM has given any warning to James. To come to a win-win situation, IBM had options to correct James and others who are in such situations. If IBM fires James, they have to fire each and everyone who has post-traumatic stress disorder problem who tend to goto adult chat room or something similar to that to resolve the stress. IBM are in fault side as its against employment policy that no employee should be stressed at work neither physically nor mentally. James is going to win the case and IBM will be sued for this case.
  Commented by  Mohammadarif.A.Shaikh, MBA/PGDBM    | 09 25 2009 14:50:10 +0000
Rating : 0 
The IBM have reason for fire the person from job because the person is doing adult chatting  so that this action will show to the future employees will not involve in the adult chat.Employees over the IBM are knowing how to visit adult site and to stop doing this this action is correct from company point of view.
  Commented by  Dipen Trivedi, Project Manager, 3i Infotech    | 09 24 2009 10:13:01 +0000
Rating : +1 
      IBM should have given some other reason for firing Mr.James. Because many companies normally block such kind of sites form accessing by the user, so they should have given the real reasons like symptoms of post-traumatic stress disorder and his age which is acceptable. Using such kind of reasons brings down the name of the company.




  Commented by  santosh kumar, Marketing Manager, AUTOMOBILE    | 09 23 2009 10:45:17 +0000
Rating : +1 
If james had visited adult chat site & if it is against the policies of the company then necessary action should be taken against him. Post Vietnam disorder.. blah.. blah... or so cannot be taken as a reason to flout company policies & values. It should be an example for others to follow
  Commented by  Jaygopal Raghavan, Marketing Manager, Landmark Group    | 09 23 2009 09:09:18 +0000
Rating : +2 
I second Alka's opinion. Benefit of doubt should have been given and not only that, if the employee was a good one, he should have been given counselling and pshychatric treatment to help him overcome the stress. Also IBM should have blocked access to  adult chat sites and adult content viewing at work. Better still create a separate room for adult viewing where a person cannot stay online for more than 30mins. System should shut down after that. I thought tech firms in any case have such filters in place. Prevention is better than cure. 
  Commented by  Makrand Bhave, XYZ    | 09 23 2009 01:55:39 +0000
Rating : +3 
You have a right to defend yourself to prove you are MOT GUILTY!!

Stress can lead to SEEKING relief. Relief can be sought in many forms. Going to an Adult chat room is by law, during your work time, an offence, but before you make an example of the person, its right to give him a chance to justify his action!! If he has breached a law then he has to know that too. Was he very clear about the regulations of using the internet?? Was he tempted by some of his colleagues to visit such places?? There are ways by which you are able to hide your IP address, if he isnt well versed with that he was found out. But I think he should be given a chance to justify his action before making an example out of him!!
Thanks for the referral!!
  Commented by  Devi Kaladeen, Audit Manager, Health Sector Development Unit    | 09 22 2009 20:30:43 +0000
Rating : +2 
If there is a policy that prohibit visits to the chat room then James has committed an offence. However, this does not warrant dismissal unless he was given warning notices before. On a lighter note, I hope IT had a 'no unauthorised persons allowed' sign on the door of the chat room and HR has good grounds for firing.
Thanks for the referral Gargi.
  Commented by  Charles davison, Project Manager, Douglas OHI LLC    | 09 22 2009 18:47:35 +0000
Rating : +1 
Whatever james has done is not correct.It needs disciplinary action.

Was  james the only employeee in IBM who has done this act? Or was it james alone whom IBM could catch ?its ridiculous.The It section can easily find out hundreds in this same activity.Why fire only James?

All this must be answered by IBM before the court.Its certainly not fair on the part of IBM to have singled out JAmes
  Commented by  Ramakrishna Perumal, Sr. Engineer, Technicas Reunidas    | 09 22 2009 16:32:21 +0000
Rating : +1 
If IBM has any code of conduct and if James has done against the code of conduct then there is no question of appeal. If there is no code of conduct and as long as James has delivered his job i think firing him is not warrented. James could have been warned instead of firing. 
  Commented by  VinodKosgi, Technical Counsellor/ HR, Unimatics Software Services    | 09 22 2009 15:59:54 +0000
Rating : +1 
I Agree all but there is human psychology when james would have entered the chat room coz he may be frustrated with his work else was disturbed with personal life may be his wife wanted him to be with him,so the best thing is that IBM can do is give him an good counselling and give him one more chance not to do it again and also inform the system adminstrator to block all the adult content sites through out the networks and servers so no employee will try to login into such sites and also if tries then it will get blocked by admin permission requesting for an password which is set up by the system admin.
  Commented by  albert arul prakash, Software Developer, Consona Software Pvt Limited    | 09 22 2009 12:23:35 +0000
Rating : +1 
Some parts of Alka's comment is not acceptable. if his current state of mind/situation could have led him to do such offense, he must take medication and must notify the same to the employer before hand. if it is not done before itself how would the employer know whether he is under stress and other things. More over the reason might not be a correct one. I cannot go and beat my manager because i am stressed. More over considering his age (60) he must have been retired a long back.
  Commented by  RecruitingPundits-Noida, Recruitment Executive, Recruiting Pundits    | 09 22 2009 09:58:05 +0000
Rating : +1 
Very few people get the capacity to rule over the sexual aspiration, it is just about to regulate and control our wish coz we are a part of society or any formal gathering. 
  Commented by  Nitin M Aras, Head/VP/GM-Tech. Support, Wintech Taparia Limited    | 09 22 2009 08:50:40 +0000
Rating : +1 
Considering all views.. I feel this should not happen, Its a failure of system of such a big company... HR had not played its role properly.
  Commented by  Vijay Bhaskar, Business Excellence Analyst, Unisys    | 09 22 2009 08:43:14 +0000
Rating : +5 
Yes, I agree with Alka. At the same time I also see that if IBM considers the visit to these chat rooms is a strict no business value aspect, then it should have ensured that the employees are cannot visit these via their network. There are enough mechanisms in place to filter out these things and their internal IT department should have put this in place. I think its a very reactive or a preempted way of cornering the individual. 
Its a failure of their IT organization and their HR organization. 
Rating : +4 
Benefit of doubt is what every convicted person has the right to. Everyone deserves at least one chance to say something in his own defence. Big shots like IBM should not jump to a conclusion. Again I am not defending James. He is wrong in whatever he has done as office is not a place for all these things, but things can be explained........right?? His state of mind, his current situation could have led him into doing such things. Not everything that the eyes see or the ears hear is right all the time. 
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