Follow us on...
Follow us on Twitter Follow us on Facebook Watch us on YouTube
Register
Results 1 to 6 of 6
  1. #1
    Atomic Punk
    Join Date
    01.29.02
    Age
    49
    Location
    somewhere over the rainbow
    Posts
    22,946
    Last Online

    12.11.17 @ 04:37 PM
    Likes
    842
    Liked 1,229 Times in 448 Posts

    Default Man Sues IBM Over Adult Chat Room Firing

    WHITE PLAINS, N.Y. (AP) -- A man who was fired by IBM for visiting an adult chat room at work is suing the company for $5 million, claiming he is an Internet addict who deserves treatment and sympathy rather than dismissal.

    James Pacenza, 58, of Montgomery, says he visits chat rooms to treat traumatic stress incurred in 1969 when he saw his best friend killed during an Army patrol in Vietnam.

    In papers filed in federal court in White Plains, Pacenza said the stress caused him to become "a sex addict, and with the development of the Internet, an Internet addict." He claimed protection under the American with Disabilities Act.

    His lawyer, Michael Diederich, says Pacenza never visited pornographic sites at work, violated no written IBM rule and did not surf the Internet any more or any differently than other employees. He also says age discrimination contributed to IBM's actions. Pacenza, 55 at the time, had been with the company for 19 years and says he could have retired in a year.

    International Business Machines Corp. has asked Judge Stephen Robinson for a summary judgment, saying its policy against surfing sexual Web sites is clear. It also claims Pacenza was told he could lose his job after an incident four months earlier, which Pacenza denies.

    "Plaintiff was discharged by IBM because he visited an Internet chat room for a sexual experience during work after he had been previously warned," the company said.

    IBM also said sexual behavior disorders are specifically excluded from the ADA and denied any age discrimination.

    Court papers arguing the motion for summary judgment will be exchanged next month.

    If it goes to trial, the case could affect how employers regulate Internet use that is not work-related, or how Internet overuse is categorized medically. Stanford University issued a nationwide study last year that found that up to 14 percent of computer users reported neglecting work, school, families, food and sleep to use the Internet.

    The study's director, Dr. Elias Aboujaoude, said then that he was most concerned about the numbers of people who hid their nonessential Internet use or used the Internet to escape a negative mood, much in the same way that alcoholics might.

    Until he was fired, Pacenza was making $65,000 a year operating a machine at a plant in East Fishkill that makes computer chips.

    Several times during the day, machine operators are idle for five to 10 minutes as the tool measures the thickness of silicon wafers.

    It was during such down time on May 28, 2003, that Pacenza logged onto a chat room from a computer at his work station.

    Diederich says Pacenza had returned that day from visiting the Vietnam Veterans Memorial in Washington and logged onto a site called ChatAvenue and then to an adult chat room.

    Pacenza, who has a wife and two children, said using the Internet at work was encouraged by IBM and served as "a form of self-medication" for post-traumatic stress disorder. He said he tried to stay away from chat rooms at work, but that day, "I felt I needed the interactive engagement of chat talk to divert my attention from my thoughts of Vietnam and death."

    "I was tempting myself to perhaps become involved in some titillating conversation," he said in court papers.

    Pacenza said he was called away before he got involved in any online conversation. But he apparently did not log off, and when another worker went to Pacenza's station, he saw some chat entries, including a vulgar reference to a sexual act.

    He reported his discovery to his boss, who fired Pacenza the next day.

    Pacenza says he would have understood if IBM had disciplined him for taking an unauthorized break, but firing him was too extreme.

    He argues that other workers with worse offenses were disciplined less severely - including a couple who had sex on a desk and were transferred.

    Fred McNeese, a spokesman for Armonk-based IBM, would not comment.

    Pacenza claims the company decided on dismissal only after improperly viewing his medical records, including psychiatric treatment, following the incident.

    "In IBM management's eyes, plaintiff has an undesirable and self-professed record of psychological disability related to his Vietnam War combat experience," his papers claim.

    Diederich says IBM workers who have drug or alcohol problems are placed in programs to help them, and Pacenza should have been offered the same. Instead, he says, Pacenza was told there were no programs for sex addiction or other psychological illnesses. He said Pacenza was also denied an appeal.

    Diederich, who said he spent a year in Iraq as an Army lawyer, also argued that "A military combat veteran, if anyone, should be afforded a second chance, the benefit of doubt and afforded reasonable accommodation for combat-related disability."
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  2. #2
    Atomic Punk ZeoBandit's Avatar
    Join Date
    01.29.02
    Age
    41
    Location
    Chicago
    Posts
    17,830
    Favorite VH Album

    F.U.C.K.
    Favorite VH Song

    Humans Being
    Last Online

    12.14.17 @ 05:57 AM
    Likes
    54
    Liked 40 Times in 29 Posts


    Donor

    Default

    "What we are dealing with here, is a complete lack of respect for the law" - Jackie Gleason, Smokey and the Bandit

    www.geocaching.com - The site where you are the search engine.

  3. #3
    Good Enough darthadv's Avatar
    Join Date
    03.27.04
    Location
    Queens, NYC
    Posts
    2,511
    Favorite VH Album

    I, II, 1984
    Favorite VH Song

    Jump/D.O.A./Beautiful Girls
    Last Online

    01.05.12 @ 09:51 PM
    Likes
    0
    Liked 0 Times in 0 Posts

    Default

    give me a break! if you want to visit sex sites, do it at home... if you do it at work, realize that there is a good chance that you are going to lose your job because it's a perfect excuse for a company if you are someone who is a questionable employee...

  4. #4
    Casting Shade
    Join Date
    04.23.04
    Location
    Blackwater Park
    Posts
    2,386
    Favorite VH Album

    Fair Warning
    Favorite VH Song

    Light Up The Sky
    Last Online

    05.04.08 @ 05:05 PM
    Likes
    0
    Liked 0 Times in 0 Posts

    Default

    That is so bogus. People get fired for surfing the internet at work all the time. He got caught, too bad...
    "Rehab is for Quitters"

    "It is not possible to have life after death since death is the end of life." -OV

    "What doesn’t kill you, will only make you pissed off!"
    -Alexi Laiho

    "If I know I'm going crazy...I must not be insane." -Dave Mustaine

    "Simpson, QUICK! Honk at that broad." -Mayor Quimby

  5. #5
    Atomic Punk
    Join Date
    01.29.02
    Age
    49
    Location
    somewhere over the rainbow
    Posts
    22,946
    Last Online

    12.11.17 @ 04:37 PM
    Likes
    842
    Liked 1,229 Times in 448 Posts

    Default

    $65,000 a year operating a machine
    No wonder shit gets outsourced....
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  6. #6
    Atomic Punk LLFHS's Avatar
    Join Date
    03.08.04
    Location
    Secret Witness Protection Location
    Posts
    31,731
    Favorite VH Album

    Anything Mike played on
    Favorite VH Song

    Anything Mike played on
    Last Online

    07.30.17 @ 08:59 PM
    Likes
    34
    Liked 60 Times in 35 Posts


    Donor

    Default

    Judge: "Suit dismissed...now get the fuck outta my court."
    LowLifeFlatHeadScum

    [sigpic][/sigpic]


    Your Hacked Nude Photo Here!

 

 

Similar Threads

  1. VHND has a chat room
    By lilred in forum VH Fans Meeting Place (Non-Music)
    Replies: 3
    Last Post: 02.03.01, 12:30 PM
  2. VHND has a chat room
    By lilred in forum Main VH Discussion
    Replies: 1
    Last Post: 02.02.01, 05:09 PM
  3. We need a chat room!
    By angel in forum VHLinks Feedback & Troubleshooting
    Replies: 29
    Last Post: 11.15.00, 04:53 AM
  4. we need a chat room!
    By angel in forum Main VH Discussion
    Replies: 2
    Last Post: 11.03.00, 12:07 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •