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An employee was arrested for having thousands of images of child pornography and dissemination to an undercover police officer.

Elmhurst, IL |

Can my Illinois client immediately fire an employee who admits that on his personal time with his home computer he accumulated thousands of images of child pornography and then shared it with an undercover police officer. This is an architecture firm that works out of the owner's home with his children. The employee claimed this is an addiction and he is getting help, does this open doors to an American with disabilities act issue? He was arrested, a newspaper article shows his face, his name and describes what he did and that criminal charges are pending.

Attorney Answers 3


  1. Your question is confusing. Are you the employer or the employee? An employer can fire an employee for any reason, good or bad, so long as termination is not based upon federally defined discrimination or the employee is protected by a union contract. It is highly unlikely that a sex addiction is considered a disability for purposes of the ADA, and the employer would probably not state that was the reason for the termination anyway. The employee being fired is the east of his worries at this point. He needs a good criminal defense attorney.


  2. I am not sure I understand your relationship to this situation, since you refer to the employer as your "client." It would seem you are trying to provide legal advice to this employer, and if you are not an attorney, this could be a bit of a problem.

    For more information: www.thomasmoens.com By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.


  3. So....you are an attorney seeking advice on Avvo for how to address this situation with your client? Regardless, I suggest you have your "client" contact an employment attorney to address the situation and discuss the various potential business issues associated with the employee's actions.

    J. Malkinson/ Malkinson & Halpern, P.C.

    If the foregoing comments or response have been helpful, kindly so-indicate by clicking the “Mark as helpful” icon, below. LEGAL DISCLAIMER: Mr. Malkinson is an attorney licensed to practice law in Illinois. His foregoing comments and response do not constitute legal advice and do not create an attorney/client relationship between him or his law firm and those posting the inquiries about which he has responded or commented, or those viewing his comments/responses. His comments or responses are in the form of legal education and are intended to provide general information only about the matter within the question.

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