An employee is using the internet at work to access social web sites (myspace and facebook).  Can the application on Myspace Texas Hold Em be considered as gambling?  Also this employee downloaded Limewire which allows downloading of music and a file of was made for his personal pictures.  Standard policies are used.  Employee is also under union contract.  What steps of corrective/disciplinary action should be next after verbal warning?

jodijrl33:

   An employee is using the internet at work to access social web sites (myspace and facebook).  Can the application on Myspace Texas Hold Em be considered as gambling?  Also this employee downloaded Limewire which allows downloading of music and a file of was made for his personal pictures.  Standard policies are used.  Employee is also under union contract.  What steps of corrective/disciplinary action should be next after verbal warning?

You will need to review the Collective Bargaining Agreement to ensure that you are adhering to the guidelines layed out in it regarding management's rights, disciplinary action, etc.

jodijrl33:

   An employee is using the internet at work to access social web sites (myspace and facebook).  Can the application on Myspace Texas Hold Em be considered as gambling?  Also this employee downloaded Limewire which allows downloading of music and a file of was made for his personal pictures.  Standard policies are used.  Employee is also under union contract.  What steps of corrective/disciplinary action should be next after verbal warning?

I suggest reviewing the Collective Bargaining Agreement as it relates to management rights and disciplinary actions.

jodijrl33:

   An employee is using the internet at work to access social web sites (myspace and facebook).  Can the application on Myspace Texas Hold Em be considered as gambling?  Also this employee downloaded Limewire which allows downloading of music and a file of was made for his personal pictures.  Standard policies are used.  Employee is also under union contract.  What steps of corrective/disciplinary action should be next after verbal warning?

Whatever your policies say insofar as they agree with the CBA.

Facebook Hold 'em doesn't involve any real money, so gambling laws probably don't apply.

the question is "do you have a policy for in place for these activities"?

If you do, what does you policy say about downloading / uploading music, files, and pictures?

do you have one for social networking? On the verbal did you document it via follow-up email to employee about the meeting and the resolution?

would you like a copy of our policies? if you don't have one, but want to put one in place. You can send the policy around as an ademdum to your handbook, be sure to have employees acknolwledge receipt of the ademdum. going forward have the policy as a part of your handbook.

Hello

Please send a copy of your policy to countyhr@clarendoncountygov.org

Thanks

Anytime you are dealing with disciplinary issues and a CBA then you want to look and see if there are any provisions in the contract that specify the actions/steps that need to be taken for the disciplinary process.

Another thing to consider is what is meant by standard policies.  Do you have a computer/internet usage policy?  Do you have a code of conduct policy?  If so, is gambling included in it?

Also, what about this person's performance?  Is the fact that ee is doing these things causing the ee to not get his/her work completed?  That could be a disciplinary issue as well.

If you are a subscriber to hr.blr.com, there is a good policy on blogging and social media at

http://hr.blr.com/hr_docs/80122_54.doc

My company allows employees to check their Facebook, LinkedIn, etc. at lunch, and during breaks.