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Leg 500 Assignment 1

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Electronic Surveillance of Employees
Michael Crollman
Strayer University
October 19, 2011

Explain where an employee can reasonably expect to have privacy in the workplace.

Employees can reasonably expect to have privacy in the workplace only when there is a reasonable expectation of privacy. This means that if you are in a situation or location at the workplace where a reasonable person would expect that they would be alone and isolated, then you could reasonably expect privacy. Very few places in the workplace fall into this category. In general, the restroom is the only place where an employee can reasonably expect to have privacy. Employees who are concerned about their privacy rights and questioning whether their privacy rights have been violated should refer to case law related to “Intrusion upon seclusion occurs when a perpetrator intentionally intrudes, physically, electronically, or otherwise, upon the private space, solitude, or seclusion of a person, or the private affairs or concerns of a person, by use of the perpetrator's physical senses or by electronic device or devices to oversee or overhear the person's private affairs, or by some other form of investigation, examination, or observation intrude upon a person's private matters if the intrusion would be highly offensive to a reasonable person.” [ (Wikipedia, 2011) ].

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.

Being in an enclosed office provides no more reasonable expectation to privacy than being in an open sales floor environment so long

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