Employee laid off over an inappropriate search history after PIP - what to do if it happens to you

Layoff: An early-career software engineer was laid off this week after a company’s IT team discovered inappropriate and extremist search history on a work-issued laptop. According to the engineer, most of the searches were out of curiosity and not linked to any actions harming the company, as per a social media Reddit post.

How Performance Improvement Plans Can Lead to Job Loss

The layoff occurred immediately after the engineer successfully completed a performance improvement plan (PIP) that had stretched over four months, originally planned for just one month, Reddit user 'Unalome_kpn' shared a post in a subreddit community, 'r/Layoffs.' After passing the PIP, the engineer moved to a new team, but the previous manager immediately cited the laptop search history as the reason for dismissal.

Can Employers Monitor Work-Issued Laptops and Devices

Many companies monitor activity on work-issued devices and networks. Corporate surveillance tools can track browsing history, emails, and other digital activity to detect security threats or policy violations, as per a FindLaw report. Legal precedent generally supports employer monitoring when clearly outlined in workplace policies.

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At-Will Employment Rules and Termination Rights in the US

Under “at-will employment" rules in the US, employers can terminate employees for almost any reason that isn’t illegal discrimination or retaliation. If company policies permit monitoring of devices and internet use, adverse actions, including termination, may be legally enforceable.

What to Do If You’re Fired After a PIP

Here are a few steps to take if you too face a similar situation at work.

Review Your Employment and IT Policies

Start by carefully reviewing your employment contract, employee handbook and IT usage policy. Clear language that monitoring may be carried out and that company devices belong to the employer can significantly influence what rights you have. If your employer did not follow its own written policies, you may have internal grounds to appeal or file a complaint.

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Understand Your Rights under Local Laws

While employers have broad monitoring rights, some jurisdictions or states require advance notice or consent before employer monitoring is conducted. For instance, a few US states like Connecticut, Delaware and New York require notice of monitoring on company devices, as per a WorkTime report.

Document Everything

Keep copies of performance reviews, PIP documents, emails and any communication about your dismissal. Detailed records can be crucial if you choose to seek legal advice or file a complaint with a labor board or employment tribunal.

Seek Legal Advice

If you believe your termination was unfair, discriminatory or violated privacy protections where applicable, consulting an employment lawyer can help you understand your options. Legal professionals can assess whether your employer’s actions complied with labor and privacy laws. Even though at‑will employment gives employers wide latitude, there may still be protections depending on your location.

Use Personal Devices for Private Searches

To avoid similar problems, do not use company‑issued devices for private browsing, personal searches or anything unrelated to work, especially searches that could be misconstrued. Workplace monitoring can extend to thorough reviews of company laptops and networks.

FAQs

Can an employer fire someone for search history on a work laptop?

Yes, if company policies allow monitoring of work-issued devices.

What is a PIP and why does it matter?

A PIP is a performance plan that can sometimes precede termination.