Can my former employer sue me for fraud for admitting to using company time to browseon-line and checking my personal e-mail?

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Can my former employer sue me for fraud for admitting to using company time to browseon-line and checking my personal e-mail?

About 10 months ago someone e-mailed my boss a private conversation that I posted on a password protected forum (not seen by any search bots). In my posting, I confessed to using company time to check e-mail, browse a social networking site, and things of that nature. I did however state that I was still accomplishing my job and working hard but that I was doing just enough to not create “waves”. My former employer e-mailed me recently threatening legal action. I was never fired from the position, even after he saw my posting. I was never even written up.

Asked on October 28, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is possible you could be sued. Your employer pays you to work, not to checkin personal email, browse social networking sites, or do things of that nature. While you said you were accomplishing your job, that is a subjective view of yours--your employer undoubtedly--and correctly--believes that you should be working the whole time you are at work, not merely doing enough to not


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