...Electronic Surveillance of Employees Dawn Cuffie Professor M. Best Law, Ethics and Corporate Goverance-LEG 500 January 22, 2012 1. Explain where an employee can reasonable expect to have privacy in the workplace. Employees are deemed not to have “a reasonable expectation of privacy”. Employees are expected to follow guidelines and regulations regarding usage of workplace computers, telephones, cell phones, pagers, email and internet. These are often times found in the employee handbook and manuals managed by HR. In the private sector, privacy law is determined by the variety of state and federal statutes and the common law of torts (Halbert and Ingulli, pg. 74). Employees may file a claim based on “intrusion” of privacy but must prove that the electronic surveillance was highly obnoxiousness and intrusive and that the reasons for retrieval was irrelevant to the employee’s job. Government employees may argue that electronic surveillance and monitoring violate their Fourth Amendment right to “reasonable expectations of privacy”. These cases are often time judged by the balance test which weighs the importance of the employee’s privacy against the employer’s interest. An example of this is correctional facilities performing body and bag checks on their employees before they enter the facility. The safety of the inmates and the employees at the correctional facilities is of more importance than that of an individual’s need for privacy. Social media such as Face...
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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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...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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...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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...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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... 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 dismissal from a given job. You don’t have to confide in people to make it out there. I strongly believe...
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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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...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 Law, Ethics and Corporate Governance - LEG 500 Strayer University 23 October 2011 Electronic Surveillance of 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...
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...Electronic Surveillance of Employees Turrochelle McEachern Law, Ethics, and Corporate Governance/ LEG 500 1/23/2011 Professor Eric Baime Electronic Surveillance of Employees Today, technology has increased that it enables us to connect with more people on a broader basis and in quicker ways. Organizations today are faced with the liability of their employees using technology for their own personal gain and thus issues related to workplace privacy. Organizations are coming up with ways and ideas to make sure their employees are being productive and not just goofing off by 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...
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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 Employees Dana Cross LEG 500*023016 October 25, 2010 Dr. C. Phil Campos Abstract It has just been discovered that Herman Hays, the owner of a car dealership, has been eavesdropping on his employees from his office. Tony Sulka, a salesman, was attempting to sale Ms. Drummand a car one afternoon. His sales skills were a little unorthodox which led Ms. Drummand to be confused about her soon to be purchase. Tony oversold the value of the car by potentially misleading Ms. Drummand to purchase a vehicle that literally did not exist. Tony was however just pulling Ms. Drummand’s leg and eventually came clean about the vehicle but not before Mr. Hays came out his office to reprimand him for his behavior. Tony’s fellow co-worker, Shelly Rice was curious to know how Herman overheard Tony’s conversation. She followed Herman into his office and saw that he was wearing a headset. To Herman’s surprise Shelly interrupted and caught him red handed eavesdropping on conversations taking place on the sales floor. Shelly voiced her opinion about Herman’s antics and told him that she could not work in a place where her privacy was invaded. She then left Herman to ponder whether eavesdropping on his employees was wrong or right. Employee Surveillance will be discussed in the pages that follow to determine and discuss both sides from the perspective of the employer and employee. 1. Explain where an employee can reasonably expect to have privacy in the workplace...
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...Electronic Surveillance of Employees Lilly Beth Rodriguez Dr. Williams LEG 500 October 18, 2011 1. 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 that already exist in our society today to protect the one employee privacy of over their personnel records, the use and storing purposes by employer over employee personal data. Especially, when the privacy falls into the subject of electronic surveillance by employer at this electronic age in the workplace. Most employees are becoming self aware and frequently increasingly concerned about their privacy on daily basis, as their employers are constantly monitoring them electronically way more obvious than ever before. Thought, attempt had been tried to block this sneaking activity, but the number of failures at some state whom tried to prevent this monitoring activity still failing, as employers always have some strong various reasons to sneaking into their employee. The reasons could range from monitoring or spying on employee email, phone line to internet activity with the reason to ensure the productivity of the employees at workplace. When it comes to employment, many employee privacy rights are granted by specific laws, rules, and regulations. Employees should always be treated with respect, dignity...
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...Electronic Surveillance of Employees Flor Leticia Rivera-Michel Strayer University LEG 500 Law, Ethics, and Corporate Governance Niki Wilson January 25, 2011 1. - Explain Where an Employee Can Reasonably Expect to have Privacy in the Workplace. In this modern world is difficult to determine where our private life begins and ends and where our work life start, through the years we have seen how employees sometimes take advantage of the resources available to them in their workplace and use them for personal gain, this has led the company to have better control of the activities performed during employee work hours, such as phone calls and internet use. Employees are accustomed to using the technology made available in the workplace for purposes other than job duties. Although generally discouraged by employers, checking news headlines, doing some on on-line shopping, sending personal e-mails, or socializing on Facebook while at work are everyday occurrences. Many still feel as though these actions go unnoticed by employers and assume, incorrectly, that their activities remain private. (Communications of the IIMA, 2005) In my point of view our personal life had to be limited during of work hours, its notorious that some personal calls are necessaries, but we have to avoid abuses, “If you have nothing to hide, you have nothing to fear”, if we are no abusing the companies resources available for us, we won’t be afraid of being monitored. The privacy employee...
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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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