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But IBM said Pacenza was discharged simply because “he visited an Internet chat room for a sexual experience during work after he had been previously warned.” Federal Judge Paul Gardephe agreed that IBM Corp.
policy was consistent and granted the company summary judgment in April.
A former IBM employee who was fired for visiting an adult chat room while at work has appealed a court decision against him.
James Pacenza, 60, of Montgomery, New York had claimed that post-traumatic stress stemming from combat in Vietnam had turned him into a sex-and-Internet addict who should have been treated rather than dismissed.
In 2006, a Stanford University study found that up to 14 percent of computer users reported neglecting work, school, families, food and sleep to use the Internet.