...Assignment #1 – Electronic Surveillance of Employees Explain Where an Employee Can Reasonably Expect to Have Privacy in the Workplace When employees go to work, and clock in for all intensive purposes they are on company property and company time. Anything that occurs, or is said has to portray the company in the best way possible. When employees are on company property it is my opinion that the organization reserves the right to monitor their employees. The only place an employee should reasonably expect to have privacy is in the restroom area. When you first get hired by a company all your information regarding your social security, maiden names, emergency contacts, work history, incomes, even credit history, and background checks are examined. If it’s privacy regarding personal information people are concerned about there is nothing to protect. Your employer already has all your information on file. What is important is that the company discloses to their employees that they will be monitored and recorded, and by signing a contract they are giving up their privacy rights. Explain Whether it Makes a Difference if an Employee is in an Open Area or in an Enclosed Office An employee that is on the clock is expected to be productive. There should be no reason why conversations taking place should not be work related, and if not they should still be appropriate for the workplace. Nothing illegal, inappropriate or disrespectful should occur or be discussed in open or closed...
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...walking in the office and someone says “how is your cousin?” How did they know my cousin had something wrong? You have just been a victim of employee surveillance. As long as the software and video equipment has been around, employers have monitored their employees. Employee surveillance is not illegal, but there is a thin line between wrong and right that deserves more analysis: An analysis of employee surveillance in the workplace reveals an ethical issue of spying on employees or protecting employees and the company. When most people think of the word privacy, they are thinking about their personal space and having some time to themselves without someone or something looking in on them. A further definition is required. “A right to privacy can be understood as a right to maintain a certain level of control over the inner spheres of personal information and access to one’s body, capacities, and powers” (Moore, 2008, p.420). Privacy in the workplace might be a restroom break or even sitting alone in a lunchroom. When it comes to doing work, privacy cannot be assumed by employees. Someone could be watching you at any time. Webster’s dictionary defines privacy as, “the quality or state of being apart from company or observation; freedom from unauthorized intrusion” (D. Nord, McCubbins, & J. Nord, 2006, p. 73). Who is under surveillance? According to the American Management Association,...
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..."Employee Surveillance and Testing" Please respond to the following: Argue for or against the practice of electronic employee surveillance at work. Provide specific examples to support your argument. What laws, if any, may be violated by such practices? 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. One company offers technology that claims to provide insight into individual employee behavior based on the trail of "digital footprints" created each day in the workplace. This behavioral modeling technology can piece together all of these electronic records to provide behavior patterns that employers may utilize to evaluate employee performance and conduct. For example, it might look for word patterns, changes in language or style, and communication patterns between individuals. Recent surveys have found that a majority of employers monitor their employees. They are motivated by concern over litigation...
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...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 surveillance is surreptitious, then the employer may open...
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...and outputs of business Rapidly changing technological advances make computers a part of the every workplace. Companies store important data on computer systems, databases, networks, and workplace communication uses computers and networks. Computers can reduce paperwork, distribute data quickly and stay competitive, but it allows the potential for security issues ultimately affecting business operations (Friend, 2012). The majority of data on computers and almost all communication are on a company’s computer network, and the security of the data is crucial for the success of the business. Monitoring in the workplace of computers uses a variety of software products that monitor computer networks. This software can monitor or track employee activity and productivity for a company. Using a software package for security of data in a system blocks certain websites, alert information technology staff of potential threats, such as computer viruses, monitors computers, and Internet use by employees. Companies should consider using computer monitoring software in the workplace, and do extensive research on different products and services. Some software can be costly, but it may be worth the investment to protect the integrity of a business, and the safety of the employees. Allowing employees to see the software and its capabilities by demonstrating its features in a group setting will ease the move to security monitoring in the workplace. Honesty regarding the monitoring software...
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...Electronic Surveillance of Employees LEG 500 Law, Ethics, and Corporate Governance January 22, 2012 1. Explain where an employee can reasonably expect to have privacy in the workplace. Human beings need privacy and have a right to expect privacy in certain areas of their lives. The areas where an employee can reasonably expect to have privacy in the workplace are very limited. Common decency precludes monitoring in highly private locations, such as bathrooms. Personal items, such as purses, wallets and gym bags may also be considered to be off-limits. The employee can also reasonably expect privacy during personal telephone calls at work. In Watkins v. L. M. Berry (1983), the court upheld upon appeal that employers must stop monitoring calls upon realization that the call is of a personal nature. Exceptions to this are when employer policy specifically forbids calls of a personal nature. Here the employees need for privacy directly conflict with established policy. Privacy protection may vary with state laws and federal statutes. State laws on privacy in the workplace may differ with some states offering much more privacy protection to the employees than others. For example, Volkert (2005) reported that while electronic surveillance may be allowed in Idaho, it must have a specific purpose and record video only (no audio). Government employees are likely to have greater privacy rights than private sector employees due to protections under the Fourth Amendment of...
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...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 that an employee can...
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...Explain where an employee can reasonably expect to have privacy in the workplace. Is there truly such a thing as privacy in the workplace? In today’s society it is possible for companies to monitor every aspect of what employees do in the office environment, from email, surfing the Internet to phone conversations. Federal and state laws specifically address an employer's right and ability to monitor, save, record, access, or otherwise conduct surveillance of employees' use of company electronic communication resources and systems. Generally speaking, if an employer complies with the notice and consent requirements under these laws, and writes and distributes policies consistent with the laws, it will be difficult for employees to show a reasonable expectation of privacy in using company-owned electronic communication systems. But there are specific laws, rules, and regulations which grant certain employee privacy rights within the workplace. These laws govern Personnel records, social security numbers, monitoring and eavesdropping, medical records, drug testing, and background screening. Employees generally have a right to privacy in their personnel records, with exception of a few specific circumstances. This means that employers are generally not permitted to disclose personnel records of an employee to third parties without a legal obligation to do so or written consent from the employee's. The right can be found in state statutes, codes, or by judicial case law....
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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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...Running Head: Electronic Surveillance of Employees Electronic Surveillance of Employees Tenika Farris Professor: Anne Dewey- Balzhiser LEG 500-Law, Ethics & Corp. Governance 10/22/2011 Introduction New technology allows employers to monitor the job performance of their employees which has become a common practice in some workplaces. This procedure can be accomplished through e-mail, telephone, camera, internet and other electronic surveillance monitoring systems. This procedure was designed to be used solely for business purposes. In many instances employees have been made to feel as if their privacy has been invaded. Upon implementing such practices employers and employees both have a need to be knowledgable of any policies permitting the use of monitoring devices and to know their rights. 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. However, the ECPA contains loopholes that facilitate employee monitoring. First, employers are permitted to monitor networks for business purposes. This enables employers to listen in on employee phone calls or to view employees' e-mail. Employers may not monitor purely personal calls, however, in order to determine that a call is personal, employers usually have to listen to portions of the employee's conversation. Second, an employer may intercept...
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...Electronic Surveillance of Employees Professor Michael Hall Law, Ethic, and Corporate Governance- LEG 500 November 1, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. You may think your United States employee rights authorize you to have a privacy workplace. People are wrong because, according to workplace privacy studies, the odds were good that your employer was monitoring all your internet actions, including your web pages and chat rooms (Niznik, 2011). If your company policy does not state there is a workplace privacy policy, your employer may watch, listen, and read just about everything in workplace area. Employers have the right to protect their business, their finances, and all of their equipment. The American Management Association (AMA) conducted a study of 526 employers which most use some type of electronic surveillance of the employees (Niznik, 2011). Many employers will deny they use any type of electronic surveillance however; the odds are good that your employer has “the eye,” watching your every move at work. Employers are not required to provide workplace privacy because your employers own everything you use at work. Your employers own the computers you work on, the telephones you talk on and the buildings in which you work. There are only a few weak employee workplace privacy right laws that exist. Since there are so few workplace privacy laws, it is legal for “the eye” to spy on you without your...
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...Explain where an employee can reasonably expect to have privacy in the workplace. The only reasonable area an employee can expect to have privacy in the workplace is in the restroom. “Because electronic monitoring is now commonplace, it may be considered normal, if not accepted, as long as employers can point to a legitimate purpose for monitoring, it will be difficult for employees to win cases against them.” (Halbert & Ingulli pg 74). With this being said, within the private sector privacy law would allow for very minimal expectation of privacy anywhere other than the workplace facility’s’ lavatories. Depending on the workplaces provided service, a case can be made that there is a need to monitor to protect the companies interest as well as its customers. When dealing with the concept of privacy it’s important to consider personal privacy in relation to the company’s privacy and more paramount, company protection. As the video illustrated, the managers reasoning for monitoring his sales floor employee conversations was to protect the reputation of the car dealership as well as protect the business against any potential legal ramifications from dishonest sales employees. This is a very reasonable purpose for monitoring electronically to protect company interest. However, it would be in the interest of the company to communicate to its employees that they are being monitored so there is not sense of privacy invasion of its employees. As in the example with this case, it’s reasonable...
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...employees expect at work? Today, it's possible for companies to monitor every aspect of what employees do in the office, from email and surfing the Internet to phone conversations. But when are you crossing the line? There are specific laws, rules, and regulations granting certain employee privacy rights. For example, there are laws that create a right to privacy for employee personnel records, medical information, and background screenings. But what about cases in which no specific law creates a right to privacy? Does one exist anyway? The answer is maybe. If no law or regulation exists, whether there is a right to privacy is determined by referring to the "reasonable expectation of privacy." If, under the circumstances, it was reasonable for the employee to expect certain conduct or communications would be considered private, then the courts might deem that a right of privacy existed. Suppose an employer searches an employee's office or cubicle, working files, or locker. Was it reasonable for the employee to believe that his or her office or cubicle is a private area that the employer cannot search without permission? What if the employer's Employee Handbook states: "The Company reserves the right to access and search all offices and work areas on company property, including but not limited to locked and unlocked desks, file cabinets, files and lockers, without prior notice, for business-related reasons as determined in its ...
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...1. Explain where an employee can reasonably expect to have privacy in the workplace. With the increased use of technology, employers are constantly searching for new means to protect their company, secure their investments, and increase employees’ productivity. Because of this, employees cannot reasonably expect to have privacy within the workplace. Although employees would like privacy in their office, on their computer, and during phone conversations, there is no law legally granting privacy to employees in the workplace. The only place an employee could have a reasonable expectation of privacy is in the restroom. Also, since the employers need to know all employees are providing a proper job, that the workplace place is always secured, also because as the owner of the company he owns the computer network, the terminals and will be the biggest loser if the company fails, he or she is free to monitor employees in order to protect the business and at the same time the employees. Even if employees are sometime given today some minimal protection from computer and other forms of electronic monitoring in the work place, especially through union contract, the Fourth Amendment; or Connecticut, Labor Code Chapter 557 and so on, 92% of all of the US companies still conducting high electronic surveillance in the workplace according to the American Management Association (AMA) report of 2009. For example, personal calls are protected under federal case law. So when an employer...
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...04/08/12 After reviewing the Electronic Reserve Readings for our class and reading the classmates threads, I feel that communication privacy laws and policies are necessary in the work place. In this day and age of electronic communication it is very important for an employer to be aware of what an employee is doing on company time and with company property. As law suits are rampant, it is important for a company to protect itself and its employees. If an employee is sending potential sexually offensive material or just offensive material on company time and company property it is important for a company to be able to monitor and stop this action or be held accountable. In some companies an employer needs to be able to monitor an employee for sharing trade secrets and information that could potential harm or cause a loss in revenue. I however feel that it is of utmost importance for each company to determine how much surveillance is needed, with in the guide lines of the law. As brought out in our reading “The erosion of employee privacy by such practices as electronic monitoring and surveillance, however, comes at a cost in the form of increased stress and decreased employee morale, satisfaction and trust in their organization and management (Hornung 2005; Lee and Kleiner 2003). The Constitution’s fourth amendment also protects against “unreasonable search and seizure.” So with in each company a balance needs to be taken to protect themselves and the morale rights of the employees...
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