Overturning a National Labor Relations Board decision reinstating the terminated employee, the court said that the effect of stating that there were “gaping holes” in the business and that there were “voids” in the company’s critical knowledge base were damaging enough to warrant immediate termination; the employee’s later criticism of company management via an internet message additionally deprived him of protection.

The former employee of Booz, Allen & Hamilton, Inc. was terminated after she returned from active military duty. The Uniformed Service Employment and Reemployment Rights Act prohibits discharging returning veterans “except for cause.” The appeals court said that the “overwhelming” evidence showed an extensive pattern of misconduct justifying her dismissal.

The 30 percent of employers who have fired workers for internet misuse cite the following reasons: viewing, downloading, or uploading inappropriate/offensive conduct (84 percent); violation of any company policy (48 percent); excessive personal use (34 percent); and other reasons (9 percent), reports the American Management Association in its 2007 Electronic Monitoring & Surveillance Survey.

According to the survey, 28 percent of employers terminated workers for e-mail misuse, citing violation of company policy (64 percent); inappropriate or offensive language (62 percent); excessive personal use (26 percent); breach of confidentiality (22 percent); and other reasons (12 percent). The AMA reports a 27 percent increase in the number of companies blocking access to inappropriate websites since the last survey in 2001—65 percent of companies use blocking software, and 66 percent monitor internet connections.