A government worker claims a department official violated his “right to fundamental fairness” by using Google to research his prior work history in a dispute over the use of government property.
We’ve known for years that jurors and judges occasionally use search engines, sometimes in ways that raise novel ethical and legal issues. But how about googling by an employer?
This story starts when government investigators suspected that David M. Mullins was misusing government property. At the time, Mullins was a technician at the National Ocean and Atmospheric Administration’s Weather Forecast Office in Indianapolis, which is part of the U.S. Commerce Dept.
Mullins was eventually accused of misuse of a government vehicle, misuse of official time, misuse of a government travel card, and falsification of official travel documents. His supervisor identified 78 occasions when the Commerce Department believed that Mullins had misused a government vehicle.
Mullins appealed his dismissal to an administrative law judge, saying that his “right to fundamental fairness” was violated when Capell allegedly used Google to do a search on his name. The appeals court, however, disagreed. It ruled that the Google searches were not prejudicial and affirmed Mullins’ dismissal as a civil servant.
Well, at least there is one administrative law judge with a lick sense.
WHat I want to know is why isn’t this guy being charged criminally?
#1 – Criminally… For what?
The article says he was fired over misuse of a vehical and time… But not what that means. It might mean he took an extra 15 minutes for lunch and drove through a Taco Bell Drive Through… For all we know…
I am always amazed at how quickly we as a people rush to punish complete strangers for things that have no real impact on our lives. He got fired… He lives in Indiana… How much more pain can you pile on this guy?
“It ruled that the Google searches were not prejudicial and affirmed Mullins’ dismissal as a civil servant.”
More like a civil parasite, good riddance, too bad they dont catch the vast majority of our servants in the act.
It’s interesting that the article doesn’t say that the guy claims innocence. Only that it was unfair that they used Google to catch him.
Hmmm, fraudulent travel documents, unauthorized cash withdrawals, 78 occasions of misuse of a vehicle, and more for a total cost over $6,000. Sounds like grand theft.
So he was lucky he wasn’t prosecuted.
Government employees like this are, unfortunatly all too common. I know, I’ve had to work with some of them, and have horror storys to back it up.
#2 You obviously did not read the article linked in the story. Not only did he get Fuel in several diffrent states becides where he worked he also falsified Hotel recepts so he could get an extra few bucks by sleeping in his vehicle. The story is about his supervisor using Google to see if he had a history of doing this; he did. Both the US Air Force and the Smithsonian dismissed him for reasons not discussed in the story. While the accusaions were not haneous, they are still off-color and gounds for dismissal.
Why can’t we use google… it’s a very important platform to find data.
I for one am sickened by the behind-the-times approach our court system takes.
http://www.FireJayPa.com –> Your home for PSU sports
#6 – You are right… I looked at the generous portion posted here and it doesn’t mention that. Clearly he was fired with cause…
But really, this guy’s misconduct isn’t the reason that my medical bills are over 35% of my monthly income after insurance pays out. He isn’t why gas is over $3 a gallon. He isn’t why friends of mine are in harms way overseas. If he was a bad and dishonest employee, it’s good he got fired. But it costs too much to prosecute every grifter on the government dime…
…and lets face it, we complain about how corrupt the government is and how they steal too much of your money in the form of taxes. It’s always an us and them paradigm until some working stiff bilks the system for some gas money. I’m not saying he’s like Robin Hood, or even that he’s not a bad guy… but it is funny how quickly we rush to the side of the big bad government and start crying for justice…
Call me a class warrior… Call me whatever… At least once a week, I’m called a communist and it all just rolls off my back. I’m just saying he’s a little tiny cog in a huge broken machine and there are real injustices that require attention.
As Aaron Sorkin once wrote, “You gotta learn to seperate the stuff, from the stuff.”**
And that stuff doesn’t merit the energy it takes to muster up my indignance.
** 1000 bonus points to whomever can tell me which actor said that line.
Alan Alda???
What happened to Don’t Ask Don’t Tell Don’t Pursue?
All website user agreements should ban government workers (including and especially law enforcement) from using a website without written permission or a warrant.
This would be based on our constitutional right agasint self-incrimination. When a user has the ability to crimminally prosecute you for what he finds on your site, then s/he should be banned from your site.
Just my $0.02 worth.
#8
William H. Macy, Sports Night (loved that show)
Yes, in the spirit of this article, I used Google.
It may not be enough to muster your indignation, but remember to “Think globally, act locally”. I am guessing that it’s not just the $6k that they were able to catch him on, it’s a lifetime of bad behavior. Which you just don’t let go by because it’s not important enough.
LOL! I wonder how many times the poor saps name is googled now. Sometimes it is just best to learn from your mistakes and quietly move to another place for a fresh start.
#12 – Your points will be arriving in 3 to 5 business days and are redeemable at many family dining establishments in your area 🙂
#8,
But it costs too much to prosecute every grifter on the government dime
Then who do we prosecute? Assuming the man is guilty, he should be prosecuted. That wasn’t his bosses money, that was the taxpayer’s money. He is no better then the kid who shoplifted a $12 CD from Wal-Mart.
#15 – Okay… Prosecute… Don’t prosecute… I don’t care.
He didn’t steal my tax dollars. The government stole my tax dollars and are wasting them in far worse ways than this guy driving a truck around. Hell, as a taxpayer, I’m not only happy to lend him the truck, but I think I ought to be able to use the truck on weekends if I need to move something heavy… It’s my goddamn truck.
My overall point is pretty simple. I just don’t care what this guy did or what happened to him. I don’t know him, and I’m not affected.
Why are the people complaining about this guy only doing so about government workers?
There are slackers, thieves, and lowlifes in every field, and they all cost you money. What, you think because you pay taxes that government workers are the most costly to you? What about the work that doesn’t get done at business ABC because the workers are checking out porn? Or the delivery service that has driver stealing gas for their own vehicles? Dishonesty in every field costs you money in the form of higher costs.
And why all the hate towards this guy? I’m willing to bet everyone who posted here whining about it does something every single day not work related – how many of you dopes posted here on company time?