“The Internet or your Job!”

As far I know there are no formal laws or statutes prohibiting the use of the internet for non-work related activities. There are no statutes employers can use directly to fire you and there is no public policy against it protecting you from being fired. It would be too difficult to explain how one person out of all the rest is terminated for directly using the Internet during working hours when Internet use is wide spread in the work place during working hours. 

I’ve heard of companies disabling there office gateway to restrict employees from surfing the internet during working hours to increase employee productivity, but with so many WEB based work applications and software this has turn out to be impossible. 

They are multiple access point to the internet that an employee doesn’t necessarily have to use the business internet access point to get access to the Internet. An employee can simply be using a smartphone or texting on company time from their own devices to be equally accused.

“Surveys Says,” the average employee spends between one and two hours each day using the Internet for personal reasons. The reasoning that many give for using the Internet at work ranges from a faster connection at work to accessing the Internet as a result of boredom.

So a question messaged to me via Facebook last week was, “Can I get fired for being on the Internet on working hours?”

I haven’t seen or heard of cases involving wrongful termination directly related to using internet while working. What I have seen are that companies are attaching violations found in there “Company Handbook.”

 A “Company Handbook” is usually the most ignored material given to a hired employee that gives the rules and regulations of what can be used against you in a termination or even what can be used against the company in an unlawful termination lawsuit. Trust me when I say, keep that book handy.

The “Company Handbook” has 101 catch 22’s, meaning that like a law book, some terms are ambiguous, lengthy, and not in laymen terms.  Rule and regulations found in the “Company Handbook” can tie certain non-protected employment actions to a related legal action that can result in termination with good cause.

For example, if you’re suffering the net for Christmas shopping or you’re on Facebook hosting 500 friends publishing a quote now and then, you can admit to being on the net during working hours or for long periods of time.

Scenario: You’re issued a company phone with Internet access and they say use this and then you receive a business issued laptop for work and you begin to get the Internet itch and you pop open some screens and you get your internet mojo going.  Then as weeks pass and this internet itch becomes habitual, HR calls you into their office and terminates you for a catch 22 from the “Company Handbook” that’s holding up the backend of your sofa back at your apartment.

HR doesn’t bring up your Internet use while at work use directly, but makes a slight inference to it, and terminates you for an indirect violation to the company’s rules and regulations ----- It’s a good cause termination. Ouch!  

Companies will use NOT terminate you directly for using the Internet while at work, because in reality, you’re not the only one, and this is called singling you out.  “Singling you out” for one thing, when it is a common office practice, may result in a lawsuit against the company for harassment. So as long as everyone in the office has access to the Internet and is using the Internet, you cannot be fired for using the Internet directly, because everyone is doing it.

So the question again, “Can I get fired for being on the internet on working hours?” the answer is not directly, but like I said, in my experience a company will reach into the “Company Handbook” and attach a company violation to it and fire you for that on good cause.

Other issues can arise while using the internet at work. Current US laws only prohibit employers for intercepting email while it is in transit, not from reading it prior to sending or once it has been received. The law also prohibits the gathering of personal information such as bank account and credit card information.

Though legal issues have arisen from workplace surveillance, most final rulings favor employers because they have a right to protect their business, which is viewed as their property.

“So Yes and No, you can be fired for being on the Internet at work.” Best advice thought; get a good lawyer to help you figure this out. At the Arroyo Law Firm we handle employment questions such as these and make sure that your best interests are covered.

Give us a call at 714-566-4112 or email us at info@arroyofirm.com for any questions on employment law, Bankruptcy law, and DUI defense.

 

Great news!

The State of California has taken a great step.  

This Bill, would change the way employment law and bankruptcy law can go hand int hand.

The existing state law, an employer may request a credit report for employment purposes so long as he or she provides prior written notice of the request to the person for whom the report is sought.

This bill would prohibit an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report, as defined, for employment purposes unless the position of the person for whom the report is sought is (1) a position in the state Department of Justice, (2) a managerial position, as defined, (3) that of a sworn peace officer or other law enforcement position, (4) a position for which the information contained in the report is required by law to be disclosed or obtained, (5) a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, (6) a position in which the person is or would be a named signatory on the employer’s bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer’s behalf, (7) a position that involves access to confidential or proprietary information, as specified, or (8) a position that involves regular access to $10,000 or more of cash, as specified.
This bill would also require the written notice informing the person for whom a consumer credit report is sought for employment purposes to also inform the person of the specific reason for obtaining the report

Bankruptcy and Student Loans

The website AVVO is a great resource for anyone who has a legal or medical question.  As an attorney, I am interested in seeing what others attorney opinions are.

There are a number of lawyers who have opinions, and their opinions.  From what I have encountered most of their opinions are really spot on. Yes you will have some wrong ones, but there always has to be a bad bean in the bucket.

This Article was written by an attorney who is licensed in California.  However, many of the articles are from out of state so you have to pick and choose which one best fit your local rules. However, in bankruptcy the Federal Rules are universal so a lot of what other attorneys state apply to California as well.

The Article is great resource for your options regarding student loan debt and bankruptcy........ Hopefully it will give you some insight as to what your options are.

UnPaid Credit Cards

Has this happened for you?

With the rise of unemployment many individuals are stuck not paying there bills.  What happens,  late charges, and interst fees will be increased.

The debt just doe not go away.   The debt will follow you,  it can ruin your credit, and even prevent you from obtaining employment.

This article gives advise on what to do if you are behind on your bills.

I agree with most of the suggestions, as calling your credit card company can be tricky, but most are willing to work with you.

Sometimes by using an attorney you will be able to negotiate better terms, or payment plans.  Then of course if you are so far behind, and you don't see income increasing you might be best to file for bankruptcy and get a fresh start.

The Attorneys at Arroyo Law Firm can assist you in determining what is best for your financial needs.

New Website!

The Arroyo Law Firm just launched their new website.

Check us out,  We offer a free 30 minute legal consultation.   We can help you answer all of your legal questions.


www.arroyofirm.com

Debt Collectors! How Far is Too far?

Have you ever received a phone call from a debt collector?  If so you will know that they are pushy and sometimes just plain mean.    I have read horror stories about debt collectors harassing, yelling, cursing, and threatening patrons because they were late on their bills.

Yes, I understand that these patrons took out money, spent on a credit card, however in most cases the people had full intentions on paying the bill back. Sometimes, life just happens. Events happen that doesn't allow for the cable to be paid on time.  There is definitely no need for harassment over an unpaid bill.

This Article, encompasses everything that I was saying.  Debt Collectors are going crazy with the ways they are trying to get you to pay.

If you or someone you know is having financial difficulties let us help.  The Arroyo Law Firm is here to help ease your financial mind.


With one easy phone call we can sit down and work out a plan towards your financial freedom.

Regulation of Marketing of Financial products?

As a bankruptcy attorney, I have seen many clients in financial distress.  The economic downturn has hurt their piggy banks.   In 2007 or prior a lot of consumers were purchasing houses at an unbelievable  rate.  The real estate market was at an all time high, while more and more consumers were qualifying for home loans.

I think the government is taking a step in the right direction by creating the  Consumer Financial Protection Bureau (CFPB).  This Bureau was created to "Educate, Enforce and Study". The first task of the CFPB is discussed in this article.  They want to regulate how "non-banks" advertise.

While I believe it is important for "non-banks" to be regualted, I also feel BANKS need to be regulated as well. As I know from first hand experience that the traditional bank was giving out financial freedom to consumers who in a normal economy would not have qualified.

If you are one of those consumers, who is in need of a little help,  Please feel free to give the Arroyo Law Firm a call.  We offer free consultation, and can let you know your rights.

Student Loan Debt Non Dischargeable in Bankruptcy

In 2005, a Bill was passed that made it nearly impossible for student loan debt whether private or public to be discharged in bankruptcy.

As an Attorney law school is rather expensive, unless you were a lucky one on a full ride.  No matter who you are you are coming out of school with a nearly $100,000 or more in student loan debt.  That now even in this terrible economy is impossible to hide from.

I know many college graduates who have a bachelors, and even a masters or a doctorate but are unable to find work that is willing to pay them a decent salary.  Many lawyers I know that are freshly barred are working as legal assistance or secretaries.   This salary is not enough to pay the hefty student loan payment each month.

This article describes how a Bill has been brought forth that would make Private Student loan dischargeable in a bankruptcy just as any other consumer debt. In my opinion this Bill  is a great break through for some.  With the cost of the education on the rise, and the economy on the slump there has to be some relief, for those hefty private student loans.

Not that I believe people should get a free ride, but they should get the help they need when they are in a slump!  Bankruptcy is about starting over, getting a fresh start, and with Private Student Loan hanging over your head how is that a fresh start!