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Pastimes : Investment Chat Board Lawsuits Discussion

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To: Jeffrey S. Mitchell who wrote ()	1/5/2000 2:11:00 AM
From: Jeffrey S. Mitchell	Read Replies (1) of 12

Mighty_Mezz wrote: No matter what a court might say, I don't think a company should be held liable for the unforeseeable actions of an employee. He was misusing company time, in effect, stealing from his employer, using company time and resources to pursue his own personal agenda. Message 12466745 I think this is quite an interesting topic given that many people from SI undoubtedly post messages from work or perhaps are even self-employed and thus -- perhaps -- might be putting their own businesses in legal jeopardy. The one thing I know about our legal system is that if you are in the vicinity of a legal problem and you have deep pockets you are going to get added to any related lawsuit. The reason for this is simple: just because you might be 1% culpable doesn't mean you are limited to paying 1% of any judgment against all the defendants. Is this fair? I don't think so... but that's not the question at hand (g). The question at hand, I think, is really: can a company employee located on company property ever be construed to legally not be acting on behalf of the company? For example, if I'm paid by the hour and I punch out for lunch, use my PC to tie into my cell phone number, and libel someone, am I really on company time? If I run a business out of my house and share my computer between business and home use, who makes the decision what is and is not company time? Perhaps before we discuss this we should see if a lawyer out there can lay a legal framework for us. Perhaps a company might very well be able to turn around and sue an employee for "stealing" if they use company PCs for personal Internet use. Perhaps you might be right... perhaps the use of computers and/or the Internet might render many laws "obsolete". - Jeff

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