...Assignment One 1 Abstract Many employers recognize that need for a specific policies regarding surveillance or monitoring in the workplace. The primary purpose of such policies is to eliminate any expectation of privacy on the part of an employee utilizing company technologies or property for personal use. However, even when an employer has a policy, it is nonetheless common for employers to tolerate some degree of private usage by employees. This is one dilemma for employers and the main purpose for establishing a "zero tolerance". In any event, the employer's written policy and actual practices should clarify to employees specifically and inform third parties through implied or informed consent the expectations of the employer or business utilizing surveillance. Assignment One 2 Question One 1. Explain where an employee can reasonably expect to have privacy in the workplace. 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. Surveillance is becoming commonplace in the work environment. Generally speaking, employers are permitted to monitor by surveillance "public" areas. When surveillance is hidden, however, and when the...
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...Electronic Surveillance of Employees Jorge Munoz Strayer University Week Three Assignment # 1 Law- Ethics and Corporate Governance Professor Eric Baime July 17 of 2011 Assignment #1 – Electronic Surveillance of Employees 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. Reasonable expectation of privacy in the workplace can be addressed from many ways especially in this new age of technology where the use of Internet, e-mails, voicemails, etc., it has extended to every single aspect on the modern organizations. Employers have found ways to supervise the good doing of its employees monitoring virtually every digital trail leaving employees’ privacy rights in a limbo that is not completely clear under the law or even under the company policies. However, employees expect to have some privacy in the workplace during lunch and break times, restrooms or personal lockers without the eyes of security cameras, but this is not a rule. Electronic monitoring has become a commonplace and it is considered normal and employers have alleged that they have a legitimate purpose to do it especially after September 11 for obvious security reasons.. “The ECPA allows employers to listen...
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...Assignment #1 – Electronic Surveillance of EmployeesStrayer University LEG500 – Law, Ethics, and Corporate Governance Assignment #1 – Electronic Surveillance of EmployeesExplain Where an Employee Can Reasonably Expect to Have Privacy in the WorkplaceAlthough the law on employee privacy rights is still developing, various federal and state laws limit and define what employers can do when monitoring their employees (Dillon, Hamilton, Thomas, & Usry, 2008). Under federal and most state law, there are areas where an employee has a “reasonable expectation of privacy” in the workplace. Generally, privacy in the workplace can reasonably be expected in the following three general areas.First, the area of where employees can reasonably expect to have privacy from their co-workers is in their private workplace areas. Courts generally recognize a reasonable expectation of privacy as to an employee’s exclusive private office, desk, and file cabinets containing personal matters not shared with other workers (Wilson, 2006). Second, in highly private areas such as restrooms, break lounges, locker rooms, and places designated for health or personal comfort, courts have generally recognized employees’ reasonable expectations of privacy. The main reason is that activities carried out in these places are things that are not normally done in public. They are private acts, and the employee has a reasonable expectation of privacy during these activities. Finally, different kind of privacy...
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...Running head: ELETRONIC SURVEILLANCE OF EMPLOYEES Electronic Surveillance of Employees Lorrie Bass Strayer University Assignment # 1 Submitted in Partial Fulfillment Of the Requirements for the Course LEG500: Law and Ethics in the Corporate Lateefah Muhammad Fall 2011 Contents Lorrie Bass 3 Date: January 12, 2012 3 Abstract 4 Discussion 1 Explain where an employee can reasonably exspect to have privacy in the work place…………..4 Answer 5 Discussion 2……………………………………………………………………………………………………………..5 In the office there is typically 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 ...
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...Assignment #1 - Electronic Surveillance of Employees Explain where an employee can reasonably expect to have privacy in the workplace. The given video case describes the private-sector employers’ surveillance activities. In this point, private-sector employers want to make sure that their business assets are not being violated at any time by anyone. Employers have the right to protect their business success, their finances, their buildings, and all of their equipment. There should be no expectations of privacy at any workplace by an employee. New technology has made it possible for employers to monitor phone calls, emails, and any other information that is being used for the particular company to conduct business. Many companies make all employees sign acknowledgement stating the privacy policy of the company that is legally binding. For instance, the employer may communicate that employees may enjoy privacy in certain demarcated areas of the office. The employee can enjoy privacy in those areas. 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. 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...
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...Assignment # 1- Electronic Surveillance of Employees Ww gg Law, Ethics, and Corporate Governance Professor Lynette Collins April 19, 2011 Electronic Surveillance of Employees 1. Explain where an employee can reasonably expect to have privacy in the workplace. Privacy has become extremely important part of American culture. Lately, work place privacy has brought unwanted and costly litigations. To protect the company from those kinds of litigations, organizations are monitoring employee communications carefully. Although according to courts the private organizations have rights to monitor employee communications. In order to this `` Employee surveillance and email monitoring in the workplace present a number of sometimes conflicting issues regarding an employer’s need to protect its property and itself against liability and an employee’s right to privacy``(Adams, Scheuing & Feeley, 2000). Martin and Freeman (2003) also examined key arguments for and against employee monitoring, productivity, security, liability, privacy, and creativity. Privacy may be invaded in four ways. The first is unreasonable intrusion upon a person’s seclusion. Appropriation occurs when the use of a person’s name or likeness is used for economic benefit. Third is public disclosure of private facts. Finally, false light Most cases concerning invasion of privacy by employers involve intrusion upon seclusion’s is publicly characterizing or placing a person in a false light (Chieh and...
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... 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 themselves whatever confidential information. Sometimes, disclosures made to co-workers can lead to your...
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...Assignment #1 Electronic Surveillance of Employees Strayer University Law, Ethics and Corporate Governance –LEG-5000 July 31 2011 1. Explain where an employees can reasonably expect o have privacy in the workplace? Every employee has the right to privacy in the workplace. Privacy in the workplace has become quite big issue. With the rise of continuing of technology and innovations many employers are seeking how far can they go to monitor their employee’s personal cell phone usage, personal telephone calls and text messaging according to, Lawinfo.com,(December 2009 ) . The usage of emails and other types of electronic communication is becoming more essential of many people lives. However, but when employees use property owed by their employers that are permitted to be used for business purpose, personal privacy laws are largely inapplicable according to Lawinfo.com, (December 2009) .When a person uses his or her cell phone or the company’s business phone or receives phone calls there’s an expectation of privacy in terms of content of any personal conversation. Under the Electronic Communication Act (ECPA), the employee may be liable for monitoring an employee’s private conversation and any other voicemail messages. In other words, the employee’s expectation of privacy in regards to telephone communications this varies from other types of electronic communications, Lawinfo.com article,(December,2009 ) . Some employees find that most business has video cameras, phone...
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...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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...Assignment #1 – Electronic Surveillance of Employees DJhonna M. Jones Legal 500 January 28, 2012 Professor Lisa Armonda, J.D. Abstract: This paper is a look at the Video “Electronic Surveillance of Employees”. It will cover where employees can reasonable expect to have privacy, open and enclosed area effects on employees. It will also cover Mr. Herman’s information needs, employer electronic surveillance of employee’s extent, and unaware third party usage in surveillance. Explain where an employee can reasonably expect to have privacy in the workplace. In general workplaces can be divided into two types. The first type is the closed office space. When doors are closed in this type, there is virtually complete privacy for conversations taking place within the enclosed space. Its direct opposite of an enclosed office space, an open office space is a series of desks within an open area separated at most by various pieces of furniture and petitions. Due to the recent trend of litigation resulting from the use of surveillance in the work place, electronic surveillance has taken a larger spot in law than ever before. Most employees use the computers at their jobs to do private things such as send personal email or make an online purchase. Most are convinced that these little slips in the workplace go unnoticed by their employers and feel that their actions remain something private that only then know of. However...
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...Electronic Surveillance of Employees Assignment # 1 By Diara Freeman Law Ethics and Corporate Governance Professor Michael Green April 23, 2011 Electronic Surveillance of Employees Explain where an employee can reasonably expect to have privacy in the workplace. The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concerned that their privacy rights are not being protected. Employers want to be sure their employees are doing a good job, but employees don't want their every sneeze or trip to the water cooler logged. That's the essential conflict of workplace monitoring. New technologies make it possible for employers to monitor many aspects of their employees' jobs, especially on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet. Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise (and even this is not assured), your employer may listen, watch and read most of your workplace communications. (Harlow, 1999) 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...
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...Assignment #1- Electronic Surveillance of Employees Tiffany Robinson Dr. Barr Law, Ethics, and Corporate Governance January 24, 2010 1. Explain where an employee can reasonably expect to have privacy in the workplace. Employees can reasonable expect to have privacy in the workplace when it comes to telephone calls, voicemail, e-mail, text messaging on employer provided cell phone, and their company assigned computer. For example, employers may monitor calls with clients or customers for reasons of quality control purposes; however, under federal case law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call. (Watkins v. L.M. Berry & Co., 704 F.2d 577, 583 (11th Cir. 1983). Employees are given some protection from computer and other forms of electronic monitoring under certain circumstances. Union contracts, for example, may limit the employer's right to monitor. Also, public sector employees may have some minimal rights under the United States Constitution, in particular the Fourth Amendment which safeguards against unreasonable search and seizure (www.privacyrights.org). In cases where there is no specific statute or code that creates a right to privacy, privacy is determined by the “reasonable expectation of privacy”. This is a concept which basically asks if, in the particular circumstances, it was reasonable to expect that certain conduct or communications would be considered private. Determining whether there...
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...Leg 500 – Assignment 1 Electronic Surveillance of Employees is a video about a car dealership manager that uses electronic surveillance in order to eaves drop on his employees. From the manager’s point of view, he is ensuring the truthfulness of the employees in the best interest of the dealership. However, as one employee points out, the manager is not only invading the privacy of the employees, but also that of the customers. The saleswoman feels that her personal privacy, as well as that of the customers is invaded and that the surveillance is unfair. Explain where an employee can reasonably expect to have privacy in the workplace. There are very few situations in which an employee can reasonably expect to have privacy in the workplace. Employers have the right to monitor employees in the work place. They can monitor everything from their phone calls, to their computer usage, to even conversations between employees. The few places employees can expect privacy is in the restroom or locker rooms, which are prohibited from video surveillance, however, audio surveillance may still be used (1993). In most states, employers are not even required to notify employees when they are being monitored. One exception is California, which requires employers to notify employees when they are being monitored on the telephone via either a beep or a pre-recorded message (1993). California also requires employers, when they recognize a telephone conversation as being personal...
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...Electronic Surveillance of Employees John Burnett Professor Dorothy Sliben Legal 500 Law, Ethics, and Corporate Governance Strayer University October --,2011 Introduction I am rather pleased that I was able to successfully complete assignment I, Electronic Surveillance of Employees paper which highlights the overall pros and cons as they relate to the privacy of an organization's most integral commodity, the employee. The work surveillance is closely scrutinized by both the employee's and employer's perspective; the most employee assert that they should be entitled to privacy within the workplace while the employer offers the statement that they are indeed allowed to monitor all activities as they relate to the employee during the course of the workday while on the organizations premises; unfortunately the employer as it relates to the perspective tends to ring true. Now that we are all more cognizant of surveillance from both the employee as well as employer perspectives, we are now prepared to present our findings in a most effective manner. It is indeed an organization's desire to meet both their short and long term goals of ultimately surpassing existing performance and productivity standards while not compromising business operations along the way. Results of Findings Input 1. Explain where an employee can reasonably expect to have privacy in the workplace. The area where an employee...
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...Running Header: Video Assignment Electronic Surveillance of Employees Strayer University Professor Whitney Davis, Esq. LEG 500 22 January 2012 Franchrista M. Rollie Explain Where an Employee Can Reasonably Expect to Have Privacy in the Workplace Employee privacy rights are automatically granted and protected by specific labor laws, regulations and certain rules to follow, especially when it comes to employment. There are laws already in existence in our society to protect that one employee privacy regarding personnel records, medical information, health status, social security numbers, background checks, and everything else that could cause harm to someone. There is no specific statue or code that creates a right to privacy, a gray line is always brought into discussion which employers could always argue about gaining more control and productivity over one employee. Employers and their employees often have very different views when it comes to workplace privacy. Employers often believe that anything that goes on in the office is subject to review and scrutiny by the employer. This belief, at times, related to employee use of the office phone, computers, office space, and office resources. Employers often take the position that once an employee arrives at work anything the employee does related to job performance and is therefore subject to the employer’s oversight. Employees on the other hand, usually have certain expectations of privacy when...
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