...Electronic Surveillance of Employees Assignment #1 Natasha Wise LEG 500 Professor Diane V. Barrs Strayer University April 24, 2011 Abstract Do you think that no one would notice if you take a moment out of your workday to make personal calls, do some online shopping, or even check your personal e-mail? With the yearly increase in electronic surveillance of employees, employees should opt to conduct all of their personal activities such as shopping either at home or on their own personal computers. Online shopping, personal e-mails, and non-work related web surfing are violations that could possibly lead to termination. Employee surveillance is continuing to prevail as the years pass and there is not much that employees can do about this matter. There is really no federal law that oversees employee workplace privacy. Employers can reserve the right to observe the telephones, computers, and even the workspace of their employees. Although electronic surveillance provides employers with an insight on what's going on in their organization, electronic surveillance can also damage work relationships and trust. Introduction To make sure that employees' aren't using their work time to do things for their own personal gain, employers are now trying to monitor their employees even more. They want to make sure their employees' are being productive during their work hours and are working to achieve company goals. In this paper, I will explain where an employee can...
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...two types of workspaces, an open area, in which there are several desks and he conversations can be overheard, or an enclosed office, in which-when the door is closed-conversations cannot be heard and where one would exspect virtually total privacy. Explain whether it makes a difference if an employee ia an open area or in an enclosed office. 5 Answer 5 Discussion 3 6 Explain if Herman’s need to know whether his sales person are honest is a sufficient ground for utilizing electronic surveillance 6 Answer 6 Discussion 4 7 Explian to what extent an emlpoyer can engage in electronic surveillance of an employee 7 Answer 7 Discussion 5……………………………………………………………………………………………………………..8 Explain to what the inclusion innocent, unaware third parties in such surveillance determine whether it is legal……………………………………………………………………………………8 Answer……………………………………………………………………………………………………………………9 References 9 Certificate of Authorship I Lorrie Bass certify that I am the author of this document and any assistance I received in preparing this report fully acknowledged. I have also cited in APA format for all sources that I obtained ideas, data, and words. Sources are properly credited according to the APA guidelines. Lorrie Bass Date: January 12, 2012 Abstract...
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...STRAYER UNIVERSITY DELAWARE COUNTY CAMPUS 760 WEST SPROUL ROAD SPRINGFIELD, PA 19064 ASSIGNMENT #1 JERRY S. KOLEH Prof. Michael Markey LEG 500(LAW AND ETHICS) January 25, 2011 (1) Explain where an employee can reasonably expect to have privacy in the workplace Given the upsurge in the use of electronic surveillance by many employers, it has become almost impossible for employees to have the kind of privacy they want. From the first step into the building that houses their entity or organization to the last step out, employees are being monitored. These people, because they are being monitored, are under constant fear and stress. In as much as employers have genuine reasons for monitoring, employees should have certain degree of privacy, for quality performance Is not achieved under strenuous conditions. In spite of the foregone, there are a few places an employee should enjoy privacy. The first place is in the quiet and peace of the heart. Employees should confide in ...
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...Abstract In this paper, I will analyze a video that addressed the issues of electronic surveillance of employees. I will explain if workers can reasonably get privacy in the workplace, the difference between an open and enclosed office area, if Herman’s need for electronic surveillance is a sufficient reason, how an employee can engage in electronic surveillance, and finally explain to what extent the inclusion of innocent, unaware third parties in such surveillance is legal. In the conclusion I will explain how important these five questions are, why it is important to understand these questions and finally how it is important to understand and answer the questions so we can be clear about the issue. Explain where an employee can reasonably expect to have privacy in the workplace. There are not a lot of places employees can go to have privacy, unless they are leaving the workplace doing their lunch hour and going somewhere to be alone. Privacy for employees is hard when you are working in a public environment. In the video Electronic Surveillance of Employees, Herman is the boss at a car dealership and he has an enclosed office. He can close his door whenever he needs some privacy. The other two employees, Tony and Shelly, have a cubical and are in an open workspace. Pursing this further, managers in a fast food restaurant work closely with their employees. During the rush hours, which normally occur from 11:00 am – 1:00 pm, managers are working closely...
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...Explain where an employee can reasonable expect to have privacy in the workplace. Some would say that workplace privacy rights are nonexistent in the private sector (Employee Issues, 2011). However, in order to be comfortable and successful in the workforce we as individuals need a certain amount of privacy. At the same token, employers have a desire to know certain information about not only the employee as an individual, but as a function of the corporation. Employers have a need to monitor things such as how productive and loyal the individual is to the corporation (Halbert & Ingulli, 2010). In today’s highly technical society, the ability to monitor employees at work has increased significantly. As a result, the need to determine what constitutes appropriate monitoring is discussed regularly. While heavily debated, there are situations in which an employee can expect to be protected from violating ones privacy in the workplace. Courts take into consideration two main factors. First, the obnoxiousness of the means used to intrude. If an organization uses unusual methods of gaining private information about an employee, this could be considered a violation of privacy. There is no expectation of privacy when it comes to corporate email communication, because is considered a usual to monitor corporate email. Secondly, there has to be a reasonable reason for intruding. To monitor the after hour activities of an employee who has filed a worker’s compensation claim,...
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...Electronic Surveillance Of Employees Running Head: Electronic Surveillance Of Employees Electronic Surveillance of Employees Cathy D. Brown Professor:: Anne Dewey-Balzhiser LEG500- Law, Ethics and Corporate Governance Date: January 22, 2012 Introduction: Some would say that workplace privacy rights are non-existent in the private sector. Workplace surveillance is that employers have a legitimate right to conduct surveillance for the benefit of themelves, the community at large for purpose such as detection of fraud and other crimes, the defference of criminality, and in order to comply with laws such as discrimination and defamation law. A employer can engage in electronic surveillance of its employees to further protect his her company however, an employer shoud inform employees that they are subject to monitoring perhaps by setting up a highly visible surveillance system or distributing to all employees and job applicants copies of a surveillance policy or both. Research The Electronic Communications Privacy Act of 1986 (ECPA) is the only federal statute that offers workers protections in communications privacy. ECPA prohibits the intentional interception of electronic communications. Some may find that, the ECPA contains loopholes that facilitate employee monitoring. Court found the company’s electronic communications policy to be ambiguous and interpreted the ambiguity against employer. The court The policy stated that the company could...
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...regarding in the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can be overheard, or an enclosed office, in which-when the door is closed-conversations cannot be heard and where one would expect virtually total privacy. Explain whether it makes a difference if an employee is in an open area or in an enclosed office. Thirdly, we review the video and analyze Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance. Next take a look into and try to explain to what extent an employer can engage in electronic surveillance of employees. Finally, we explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal. Electronic Surveillance of Employees Electronic surveillance of employees, whether employers have an interest in being able to monitor their employees while at work, or knowing how their employees are in their personal lives, Frederick Taylor invented such an approach in the 1880s. He gave his managers the ability to track and watch how his employees worked. A similar approach took place in the early twentieth century with Ford Motor Company, when they hired social workers to investigate their employees. The difference between Taylor’s to Ford’s approach was that Taylor monitoring of his employees related to the production of job quality; and Ford monitoring of their...
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...Electronic Surveillance of Employees Brent Schenkel Roy Basile, J.D LEG 500 October 23, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. Obviously, employee privacy should not be an issue when it comes to a restroom or a locker room facility. This would invade personal privacy and has been upheld by numerous cases in a court of law. But any other parts of the grounds of the company are considered public areas and can have surveillance monitoring. Any areas where business can occur are fair game to monitor by either camera or microphone. Courts have upheld that parking lots and break rooms on the premises are still under the jurisdiction of the company. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can be overhead, or an enclosed office, in which—when the door is closed—conversations cannot be heard and where one would expect virtually total privacy. Explain whether it makes a difference if an employee is in an open area or in an enclosed office. It should not make a difference of the location of the employee. Any action, conversation, or document inside the walls of a company is not private but public information. The employer has a right to search offices, work areas, desks, filing cabinets, lockers and office documents without the employee's permission. However, the employer should do in a lawful and non-threatening manner...
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...View the video: “Electronic Surveillance of Employees” by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a four to five (4-5) page report that answers the following: 1. Explain where an employee can reasonably expect to have privacy in the workplace. In today’s age of e-mail, internet, and increased use of technology, there are very few places that an employee can expect to have privacy in the workplace. The sanctuary of one’s enclosed office used to be expected to warrant privacy but not anymore. There are no uniform legal standards protecting employee privacy in the workplace. Employers can get away with denying workplace privacy because they own the business phones, computers, and building. About the only place an employee can reasonably expect to have privacy in the workplace is in the changing room. Wisconsin Representative Thomas Petri introduced Bill H.R. 582 in 2005 to enact the Employee Changing Room Privacy Act. This bill would prohibit employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. It proposed to establish maximum civil money penalties for violators. However, this bill never became law. 2. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can...
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...Employees Introduction Employers are trying to monitor their employees even more to ensure employees' aren't using business hours to conduct personal business or violating other company policies. They want to ensure their employees' are being productive during work hours and are working to achieve company goals. This report will address the following: Where an employee can reasonably expect to have privacy in the workplace? Is there a difference if an employee is in an open area or in an enclosed office? Does a supervisor of a dealership have sufficient grounds for utilizing electronic employee surveillance? To what extent an employer can engage in electronic surveillance of employees? Lastly, to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal? Employee Expectation of Privacy in the Workplace With the challenging economy, employers are finding new ways to protect their assets and increase employee performance. Whether it is through surveillance or monitoring internet usage, companies are trying to protecting what is rightfully theirs. In many companies employees privacy rights are granted by regulations and specific laws. There are a number of cases when these rules would come into play. Say for instance, new employees are required to provide Human Resources Department with large amounts of personal information during orientation. It is the employer’s responsibility to make sure that information is kept private...
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...closely monitoring all types of communication. We will analyze Fade-In-Interior Auto Dealership and the boss’s decision to use surveillance on his employees. In this paper we will discuss where an employee can reasonably expect to have privacy in the workplace, secondly whether or not it makes a difference if an employee is in an open area or in an enclosed office setting. Thirdly, we will explain if Herman’s, the boss at Fade-In-Interior Auto Dealership, need to know whether his salespersons are honest is sufficient grounds for utilizing electronic surveillance. Fourthly, we will explain to what extent an employer can engage in electronic surveillance of employees. In conclusion, we will explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal. Explain where and employee can reasonably expect to have privacy in the workplace. According to (American Heritage Dictionary) privacy is freedom from unsanctioned intrusion. An employee can expect to have freedom when it comes to their personnel records, the use, record and storing purposes by employer over employee personal data, medical information and health status, social security numbers, background screenings information, financial and everything else that...
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...Devin Smith LEG 500 Law, Ethics, Corp Goverance Dr. Terry Phillips 7/18/11 Explain where an employee can reasonably expect to have privacy in the workplace. If there is a policy in place of the employer related to workplace including privacy issues that policy is legally binding. For example the employer may communicate that employees may enjoy privacy in certain demarcated areas of the office. The employee can enjoy privacy in those areas. According to Ethics in the workplace from a legal perspective employees can reasonably expect privacy in the bathroom and locker room. In such places video monitoring will not be accepted in a court of law. For instance, employers that wish to have an unquestionable right to look at or search for particular items and information kept on their premises should take every reasonable step to dispel any notion that their employers can expect privacy.(p.99-106) Employment manuals should make clear that the employer reserves the right to inspect and examine all areas of the workplace. There is no federal statute that provides general privacy protection in the private employment sector arena. However, in the federal case of Roe v. Wade, the United States Supreme Court held that there is implicit in the U.S. Constitution a right to privacy. A federal statute, 42 U.S.C. Sec. 1983, provides that anyone who, acting under color of law, deprives an individual of rights conveyed by the Constitution or laws of the United States shall be liable...
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...Electronic Surveillance of Employees By Rekiea Colbert Dr. Macbeth LEG 500 11/23/11 1. Explain where an employee can reasonably expect to have privacy in the workplace. Privacy in the workplace has been an ongoing and perhaps a continued effort for all companies in an effort to protect viable information. Employees as well are concerned if employers of having too much control or access to their privacy. The manner in which certain privacy can be reasonably expected lies mainly within your human resource department. A function within the HR department is to maintain and manage employee information up to and including private information. A critical trait as an HR professional is to maintain a high sense of confidentiality. Companies have begun to include confidentiality agreements upon hire as a term of pre employment or non-compete which is prevalent in the sales industry. Within your human resources department you have access through what is a database that holds a plethora of employee information typically known as an HRIS system. Employee information related to anything medical is protected by HIPPA law which includes your HR department without your written consent. The HR department is the safest place or more reasonably expected to have privacy in the workplace. 2. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can be overhead, or an enclosed office...
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...Explain where an employee can reasonably expect to have privacy in the workplace. A typical workspace has a desk, a computer, file drawers, telephones, and maybe a plant for decoration. And if you are lucky, you may have a window and a door. Because companies are trying to conserve space and stay within budget, most offices include more than one person in a room with dividers or columns separating each person. There is no privacy because everyone can hear your conversation and now what you are doing. A good place for employees to have privacy would be away from the job, in order to keep personal information private. An employee’s personal items, such as a locker, handbags, personal emails, or voicemails, or personally addressed mail would be confidential and belong to the employee, unless noted by company policies In the office workplace, there are typically two types of workspace, an open area, in which there are several desks and where conversations can be overhead, or an enclosed office, in which, when the door is closed, conversation cannot be heard and where one would expect virtually total privacy. Explain whether it makes a difference if an employee is in an open are or in an enclosed office. It does make a difference if an employee is in their own office space or are in an open area. For example, my manager sits in a closed off and the employees share a suite. Because she is behind a closed door, she is able to close herself off to other to have meetings...
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...Electronic Surveillance of Employees Mitchell D. Upchurch Anthony Robinson Law, Ethics, and Corporate Governance- LEG 500 January 17, 2011 Privacy in the Workplace Explain where an employee can reasonably expect to have privacy in the workplace. Privacy in the workplace can reasonably be expected in three general areas as it relates to the employer, co-workers, clients and customers. When an employee is hired at a new company, there are several security measures that are already in place in order to keep their personal information private and/or confidential. The first being in the Human Resources Department where all the information is gathered by the employee filling out various forms of that are confidential in nature. This information is kept in the employee’s private, confidential employee folder in the Human Resources Department, generally in a locked cabinet or other secured areas. This ensures that no one other than the Human Resources Department can get access to the information other in the file. At times, special permission is granted for a manager to review the file for a specific reason, along with the Human Resources representative. The second place where an employee can reasonably expect to have privacy is in the computer mainframe where all the pertinent records (such as social security number, address, date of birth, banking information, etc.) are stored. This is used primarily for an employee’s timekeeper administration and government...
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