Wed, Apr 29, 2009 9:13 EDT

In Employee-Monitoring Sting, Swiss Insurance Company Fires Employee for Using Facebook

Topic: Enterprise Management

Blog: Career Connection

Current Rating: 5 Comments: 10

Was the company justified in its method for uncovering employee wrong-doing and in its disciplinary action? Or did it overstep its bounds?  

Have you heard about the Swiss woman who was fired from her job for using Facebook when she had told her employer that she'd be out sick? (No, this isn't a joke; it actually happened.) I heard about this story yesterday, and it raises all sorts of complicated questions.

Here's the background, courtesy of CNET's Erik Palm and Reuters: An employee of a Swiss insurance company, Nationale Suisse, told her employer that she needed to take some time away from her computer to lie down. When she should have been resting, her employer discovered, by sending a friend request to her Facebook account, that she was, in fact, cruising the popular social-networking site.

The company subsequently fired her for lying about what she was doing. 

At first, I thought Suisse Nationale was being extreme in firing this woman just because she was on Facebook on her personal (read: sick) time. But now I'm beginning to suspect that this woman was perhaps a problem employee, and that her activity on Facebook—or rather, her dishonesty about her activity—was the "cause" or proof her employer needed to can her. (Keep in mind that it's harder for European companies to terminate their workers than it is for American companies, due to Europe's strict labor laws.) 

After all, if this woman had been an honest employee, the company would not have had any reason to monitor her activity online. I presume that Nationale Suisse must have had reason to suspect that she was dishonest or untrustworthy or slacking off during the workday to set up a sting operation on Facebook. (Unfortunately, I have no first-hand knowledge of this case or of the parties involved, so my theories are just theories and are not meant to harm Nationale Suisse or the woman who was terminated.)

On the other hand, did Nationale Suisse overstep its bounds by snooping into this employee's online activity?

If the employee did, in fact, take personal time off from work to rest, she ought to be able to do whatever she wants on her personal time—whether that's taking a nap, logging into Facebook, going to the post office or watching All My Children—despite what she told her employer and without having to worry about her employer spying on her.

Let's face it: Employees can't always be honest with their employers about the time they need to take off from work. Sometimes a doctor's appointment really is a doctor's appointment (and even then, it's personal). Other times, it's code for a job interview. 

However, if the Nationale Suisse employee was still on the clock and had just asked for a temporary break from the work day, I understand why her employer might have been ticked off. And if she was a management problem, I see Nationale Suisse's disciplinary action as justified. 

That being said, I'm less comfortable with the company's method for exposing the employee's wrong-doing. It shouldn't surprise you that I'm not keen on employee monitoring, given my stance on other issues having to do with employee rights and civil liberties

I understand that employee monitoring is perfectly legal, that companies have to protect their assets, and that employers don't pay their employees


You do not have flash or javascript support.
Average (1 vote)
5
 
 
Wed, Apr 29, 2009 19:40 EDT
Posted by: Waite Ave
Rating:

I am not an expert of Swiss Law, but it seems to me that it would be diffecult to prove that the employee wasn't sick. Can you not feel sick, sick enough not to go into work, and still be on your laptop?

I think that this is dangerous for any employer. But, again, I am not an expert in Swiss Law.

That being said, I am sure that this is not the first time that this employee has come under scrutiny....Just my two cents.

Waite Ave
Managing Partner
Universal Networking Services, LLC
Colorado-Texas-Indiana
www.apcdistributors.com

 
Thu, Apr 30, 2009 6:20 EDT
Anonymous user
Posted by: Anca
Rating: 90

Generally speaking, I think that employers have the right to be informed about what is happening on their company computers.

In this particular case I think that this was not the first infringement of the employee, may there is a history in this field behind this that lead to this action.

 
Thu, Apr 30, 2009 12:02 EDT
Anonymous user
Posted by: Herb
Rating: 50

I think there isn't enough information being provided in the article (and probably not by the employer either) to make a decision either way. One can only assume that the employee is not being fired for this one, minor transgression alone, but the alure of employee monitoring, Facebook, and the whole big-brother theme dominate the story and try and leave the reader on one side of the fence or the other.

 
Thu, Apr 30, 2009 13:02 EDT
Anonymous user
Posted by: Michael Kaestner
Rating: 90

Note that Switzerland's employment laws are about as liberal as the ones in the US.

See for a quick overview and comparison to other Western European countries see http://www.berneinvest.com/public/fact_sheets/fs_2.09/en/labor_laws.pdf.

 
Thu, Apr 30, 2009 15:04 EDT
Anonymous user
Posted by: Anonymous
Rating: 70

More than likely it was an excuse for the company to rid themselves of a troublesome employee but you also have to remember that her claim for taking a day of was that she was experiencing severe eye irritation from staring at her computer monitor all day. I tend to believe that excuse had to play a factor in their decision to terminate her.

Post new comment

* Subject:
* Username:
* E-mail:
The content of this field is kept private and will not be shown publicly.
Homepage:
* Body:
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <blockquote> <strike> <p> <br>
  • Lines and paragraphs break automatically.
More information about formatting options

* Denotes required field.

About this Blog

Insight and advice to help you carve your way in the cut-throat business world today.

Start a Conversation
Click to post

Got something to say? We want to hear it! Click the Post button to get started. GO»

EXPERT ADVICE
See our roster of experts.

Advice & Opinion from more than 117 of IT's most insightful thinkers.

  PARTNERS       WEBCASTS    
 

Register for more Windows Enterprise Webcasts today

Each month, Microsoft features a different customer or analyst discussing how Windows 7 and the Windows Optimized Desktop can impact your organization in positive ways, including helping IT to streamline management and manage risk while helping your employees increase productivity.

Sponsored by Microsoft  Listen to on-demand Recordings »

 

A Framework for Better Application Delivery

The complexity of application delivery is driven in part by the evolving applications environment. Instead of approaching application delivery from a siloed fashion, this handbook looks at end-to-end guidance and discusses the impact of ignoring the WAN, Web apps that are chatty, data center consolidation, SaaS, Web 2.0 and virtualization.

Sponsored by Riverbed  Read this White Paper »

 

Microsoft® Exchange 2010 includes archiving - but is it enough?

Microsoft® Exchange 2010 includes basic email archiving. But many organizations will find that it does not meet their requirements. This paper describes why organizations need to archive, what capabilities Exchange 2010 includes and why 3rd party archiving solutions will be necessary for most organizations.

Sponsored by Google, Inc.   Read this White Paper »

CIO's Virtualization Newsletter

Receive virtualization news on the latest technologies and developments, expert opinions on managing your data center and practical case studies for your next implementation.

CIO's Virtualization Newsletter

Receive virtualization news on the latest technologies and developments, expert opinions on managing your data center and practical case studies for your next implementation.

Enterprise Capture: Your Onramp to Business Process Automation

Today more than ever companies are seeking to reduce costs and...  View Now »

 

The True Cost of Legacy Systems

How well are you maximizing existing software assets? This webcast reveals the results of a commissioned study on top migration and modernization priorities for IT leaders.   View Now »

 

How To Maximize Your Virtualization Strategy and Deployment

Join award-winning technology journalist Stan Gibson in this webcast as he discusses how to enhance your virtualization strategy with the ROI, planning, implementation and platform advice. Exploit the business benefits of virtualization and successfully expand your current deployment.   View Now »

CIO's Virtualization Newsletter

Receive virtualization news on the latest technologies and developments, expert opinions on managing your data center and practical case studies for your next implementation.

 
Newsletter Sign-Up »

Receive the latest news test, reviews and trends on your favorite technology topics

Sponsored Links

Getting ready to upgrade to Windows 7? Attend Microsoft's Virtual Event on 4/22 for all the tools you'll need. Register Now!

Ready to create safe, business class social networking tools? View Now

Let Progress Software help your business make progress.

HP pays back. Trade in your old printer and get up to $1000

Read report on how to improve decision making with business analytics.

Dynamic Virtual Client: Whats in store for client technology going forward?

The ISP that focuses exclusively on information security? SecureWorks.

Supercharge Your End Users with Desktop Virtualization

Manage limitless content todayread EMCs 15-minute guide to ECM.

HP Exstream. Get a Free Document Assessment for Financial Services.

Take the Netezza TwinFin TestDrive!

Webinar: Jump-start your in-house e-discovery with Ringtail QuickCull from FTI Technology

See why ShoreTel is named best overall VoIP provider by Nemertes Research

Trend Micro ranked #1 against real-world malware. Read more.

Turn your desk phone and mobile phone into one with Sprint Mobile Integration.

Maximizing efficiencies with unified communications.

Stay informed with custom newsletters from Tech Dispenser

Attend Microsoft's Windows 7 Virutal Event for a change to win a Microsoft Zune HD. Register Now!

Register for more Windows Enterprise Webcasts today.

Build a smart, practical path to the internal cloud.

Selecting the Right Reporting Technology

An IT Leadership Action Plan for the Economic Recovery

Consolidate data centers and lower IT service costs. Learn How.

WAN optimization techniques significantly improve application performance. Read More.

The Revolution and Evolution of Private Cloud Computing

March 31st Webcast: "Product Development and the Cross-Functional Team"

Get to know Supermicro. Business-optimized server solutions.

Google Webinar: Why Cloud-Based Security and Archiving Make Sense

Midsized company CIOs and experts connect at infoBOOM!

Core" i5 vPro" Processor: Control meets cost savings in the most intelligent PC processors ever!

Article: The Dynamic Virtual Client offers thin client advantages with rich client user experience & mobility.

Counting Up the End User Benefits of Desktop Virtualization

Simplifying Risk Management: Is Your Company Measuring Up?

Does your IDS really work? Find out with a free Endace Audit

CA ARCserve r12.5 is More Than Backup! Download Trial Version Today

Verint Systems. Discover the Power of Intelligence in Action"

Enterprise search helps employees get more done. Get the facts from Google.

Best Practices to Reduce IT Operational Costs

Real-world testing ranks Trend Micro #1 against malware. See results.

Efficiency goes up. Costs come down.

Dark Fiber from Sunesys Save on Unlimited Bandwidth with Fixed Costs.

Trend Micro ranked #1 against real-world malware. Read more.

Get ready for your Windows 7 upgrade at this live, virtual event. Register Now!

Entrust IdentityGuard  Strong Authentication for your Enterprise

How Healthcare CIOs Achieve a High-Performance Emergency Department

Webcast: Solve Your Data Visualization Needs with Open Source BI

Webcast: Delivering the Enterprise-Ready Cloud

Ensure cost effective application delivery. Learn More.

Cloud Computing: The Impact CIOs See

What's New in SOA Suite 11g?