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.
I'll never forget when I was working in a call center doing level one tech support and I saw a co-worker who had been warned to not surf the net was fired on the spot and escorted out of the building by security. Rules are rules and if your employer makes the rules clear on surfing, if you violate that you shouldn't be surprised if you are terminated.
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