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

Asked about 1 year ago - 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. Judy A. Goldstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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. Thomas O. Moens

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. John Reid Malkinson

    Contributor Level 10

    Answered . 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,... more

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