Nurses Fired for Cyberporn
Arizona nurses’ porn site led to their dismissal.
By Luke Reiter July 19, 1999
Can you lose your job over what you do online– on your own time? According to officials at one Arizona hospital, the answer is yes.
Free speech is not always absolute. George and Tracy Miller, a husband and wife who are nurses in Scottsdale, Arizona, said that they were fired from an Arizona hospital for running a pornographic website on their own time– and on their own computer.
The website shows explicit pictures of Tracy Miller (who uses the name Dakota Rae) and provides viewers with the opportunity to subscribe to the site for more graphic pictures.
The couple said they started the site to raise money for their kids’ college education.
Under the law, an employee can actually be fired for exercising her free speech in this manner. Unless an employee works for the government or has signed a contract, she is usually considered “at will.”
An employee at will can be fired for cause, or without reason, so long as the employer does not violate any federal or state statutes. For example, an employer cannot fire someone if it involves discrimination. However, an employee at will can be fired simply if the employer doesn’t like her cologne.
Some experts think the “at will” rule has gone too far. According to one attorney, there is very little protection for these types of workers. The Arizona chapter of the American Civil Liberties Union (ACLU) said it is investigating the case.
“We’re concerned generally with the trend that we see of employers intruding into the private lives of their employees,” said Eleanor Eisenberg, executive director of the Arizona branch.
“[They are] making decisions based on information obtained about what people do when they’re not at work– particularly when what they do when they’re not at work does not affect their job performance,” Eisenberg added.
As a possible defense argument, the Arizona chapter of the ACLU is considering whether the federal funding the hospital obtains from Medicare and Medicaid could make it subject to the same rules that the government must follow. But that’s a tough argument.
It may be difficult for some to accept, but if you are an at will employee, you are often at the mercy of a private employer.