...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 in the workplace Electronic Surveillance in the Workplace: Concerns for Employees and Challenges for Privacy Advocates Anna Johnston and Myra Cheng Paper delivered 28 November 2002 International Conference on Personal Data Protection Hosted by Personal Information Dispute Mediation Committee, Korea Information Security Agency Seoul, Korea Ms Anna Johnston is the NSW Deputy Privacy Commissioner. Ms Myra Cheng is a Research & Policy Officer with Privacy NSW, the Office of the NSW Privacy Commissioner. The authors gratefully acknowledge the assistance of Dr Ben Searle, Macquarie University, in providing an overview of the relevant literature from the field of organisational psychology. Introduction This paper takes up the challenge of talking about privacy in the workplace - a site of potential conflict in which there may be co-existing radically different views on whether workers can or should have any expectations of privacy. As long as there has been employment, employees have been monitored. Nebeker D M & B C Tatum, "The effects of computer monitoring, standards and rewards on work performance, job satisfaction and stress" (1993) 23(7) Journal of Applied Social Psychology 508 at 508. However, in recent years, with an environment of affordable technology, the availability of less easily observable or detectable monitoring devices, and a lack of adequate regulation, there has been an explosion in the use of electronic monitoring...
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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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...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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...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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...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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...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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...Electronic Surveillance of Employees LEG500 – Law, Ethics, and Corporate Governance Instructor: Dr. C. William Dean Hasan Cayli Strayer University Abstract 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. Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance. Explain to what extent an employer can engage in electronic surveillance of employees. Explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal. 1. Explain where an employee can reasonably expect to have privacy in the workplace. For employees there are a few legal protections regarding privacy in the workplace. However, employers can and should take proper steps to ensure that employees do not assume that they have unwarranted expectations. It has been decided by the Virginia General Assembly and upheld by the Virginia Supreme Court that it is prohibited to use another’s name or image for commercial advantage...
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...Electronic Surveillance of Employees Purvil Patel Professor Pearlie Bush Law, Ethics, and Corporate Governance – LEG 500 April 24, 2011 Throughout this paper I will be illustration many questions around “Electronic Surveillance of Employees”. I will discuss the video and explain where an employee can reasonably expect to have privacy in the workplace, whether or not if it makes a difference if an employee is in an open area workspace or an enclosed office space, explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance, to what extent an employer can engage in electronic surveillance of employees and at last explain to what extent the inclusion of innocent, unaware third-parties is such surveillance determine whether it is legal. In the video the manager is electronically listening in on his sales team and confronts a salesman who is making humorous false statements to a customer in order to close a deal. The manager confronts the salesman who justifies his actions by stating it was a joke. The manager enforces him to provide the customer will the correct information and documents. Another saleslady realizes what is going on and confronts the manager and says she is leaving to protect her right of privacy. The video is a little extreme but gets the point across, is electronic surveillance of employees the lawful and ethical thing to do. This is a sales job so the manager can justify the electronic...
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...Electronic Surveillance of Employees Angela Hockaday Strayer University Law, Ethics, and Corporate Governance LEG 500 Professor Anne Dewey-Balzhiser October 23, 2011 Abstract This paper will explore Electronic Surveillance of Employees. First, we will discuss and explain where an employee can reasonably expect to have privacy in the workplace. Secondly, we will review information 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...
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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 Employee Professor Cowan LEG 500 April 24 2011 Table of Content Page Where an employee can reasonably expect to have privacy in the workplace ……………….. 1 Explain whether it makes a difference if an employee is in an open area or in an enclosed office………………………………………………………………………………………..….. 2 Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance………………………………………………………….......2, 3 Explain to what extent an employer can engage in electronic surveillance of employees…………………………………………………………………………….……….3, 4 Explain to what extent the inclusion of innocent, unaware third –parties in such surveillance determines whether it is legal……………………………………………………….…….…...4, 5 Reference Cited………………………………………………………...…………Reference Page Electronic Surveillance Page 1 Explain where an employee can reasonably except to have privacy in the workplace. Based on the fact that the United States doesn’t have a comprehensive law that protects privacy, there is almost no where in the work place that is private. Most laws give the employer the ability to monitor their employees as long as they have a valid reason for their monitoring. With the advance tin technology employer’s ability to monitor their employees has expanded over last 20 years. Employers have the right to monitor telephone calls, computer usage, electronic mail, voice mail, and video monitoring. Most employee...
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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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...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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...“Electronic Surveillance of Employees” Katy Romero Law, Ethics and Corporate Governance Dr. Andrea N. Brvenik Strayer University July 17, 2011 Electronic Surveillance of Employees An employer has the right to monitor the employees to increase the productivity and efficiency of its business. In the other hand, every person has the right of privacy within the organization. Human beings must experience a degree of privacy to thrive. Electronic surveillance is increasing every year within the organizations worldwide. This practice has created a debate among employees and employers. 1. Explain where an employee can reasonably expect to have privacy in a workplace Employees are becoming increasingly concerned about their privacy as their employers are monitoring them electronically more closely than ever before. Still employees expect to have privacy at the lunch area, bathrooms and lockers. Besides those places the employee has little or almost no privacy within the company. Electronic monitoring allows an employer to observe what employees do on the job and review employee communications, including e-mail and Internet activity, often capturing and reviewing communications that employees consider private. Now days, video monitoring is commonplace in many work environments to maintain security, monitor employees, and to deter theft. 2. In the workplace, there are typically two spaces, an open area in which there are several desks and where conversations can be...
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