Employee browsed gun-related sites — should company fire him?

When curbing inappropriate Web activity, it isn’t just the obvious sites you need to look out for. You may see something that could alert to a potential safety concern.
This recent case involved a problem employee who was caught viewing Web sites that sell guns.
The employee suffered a heart attack and was placed on three months medical leave. When he came back, his boss gave him a negative performance review. Believing it was because of his leave, the employee complained to HR, who investigated and found no signs of bias.
Then the boss saw him on a Web site about guns. She asked IT to see his browsing history, which showed he visited several gun-related sites, including online stores that sell guns and gun parts.
The employee’s supervisor reported the issue to HR, saying she feared for her safety. The employee, a gun enthusiast,  claimed he was licensed to carry firearms and never displayed any violent tendencies.
However, he was fired for violating the company’s policy against “inappropriate” Web browsing. The employee sued, claiming the gun issue was a pretext — the real reason was his medical problem, he said.
But the judge didn’t buy it and dismissed the case. The court ruled the supervisor’s concerns were legitimate — she had just given a negative performance review that was contested by the employee — and the company was within its rights to fire the employee.
Cite: Jackson v. PLANCO