Employment Practices Liability– Microsoft Turns in Own Employee for uploading Child Porn

December 7, 2016

A Microsoft security engineer, uploaded four explicit pictures of minors involved in sexual acts to the engineer’s personal OneDrive Account, a cloud based storage facility.  Microsoft alerted the authorities, but it’s unclear if the company knew that it was its own employee.

The engineer is currently on leave from Microsoft awaiting trial.

If the employer sees evidence that an employee, on the job, being involved in child pornography, immediately notify the police and preserve any evidence.  When wrongdoing occurs that requires a criminal investigation, employers need to notify the police and rely on them to conduct the investigation into the crime.

Delaying stopping the illegal activity because the employer decides to perform an internal investigation could lead to a lawsuit from the victims. Presuming that the employee is guilty of a serious crime before conviction can lead the employee to sue the employer for defamation and slander.

Rely on law enforcement to conduct the investigation and determine what took place.  This protects the employer from multiple potential risks.

For more information on how Microsoft can detect child porn, click on Photo DNA

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