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

References 9

Certificate of Authorship

I Lorrie Bass certify that I am the author of this document and any assistance I received in preparing this report fully acknowledged. I have also cited in APA format for all sources that I obtained ideas, data, and words. Sources are properly credited according to the APA guidelines.
Lorrie Bass
Date: January 12, 2012

Abstract
Employers today are trying to monitor their employees more to ensure employees' are not utilizing business hours to conduct personal business or violate other company policies. They want to ensure their employees' are being productive during work hours and working to achieve company goals. This paper addresses the following: (1) where can employee reasonably expect to have privacy in the workplace? (2) Is there a difference if an employee is in an open area or in an enclosed office? (3) Whether Herman has sufficient grounds for utilizing electronic employee surveillance? (4) To what extent an employer can engage in electronic surveillance of employees? (5) Finally, to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal? Electronic Surveillance of Employees Discussion 1
Explain where an employee can reasonably exspect to have privacy in the work place. Answer Employees can reasonably expect to have privacy in the workplace, in the restroom, their private office, and their cubical desk, unless the employer has suspension of dishonest employees, and wrong doing. The 1968 Federal Wiretap Law, as amended by the Electronic Communications Privacy Act 1986(ECPA), making it illegal to intercept, disclose, or access messages without authorization, would appear to protect workers from electric eavesdropping(Halbert & Ingulli, 2010, p. 74).
Discussion 2
In the office there are 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 expect virtually total privacy. Explain whether it makes a difference if an employee is an open area or in an enclosed office.
Answer
Yes, it makes a difference and the courts held so. Michael A. Smith v. The Pillsbury Company, 914 F. Supp.97 (United District Court, 1996), because outside an individual’s own workspace the employee has the reasonable expectation of privacy to dispute a search if they have an interest in the area being searched if there is a common connection between the area being searched and the individual’s own workspace (Halbet & Ingulli, 2010, pg 71-74).
Discussion 3
Explain if Herman’s need to know whether his sales people are honest is a sufficient ground for utilizing electronic surveillance.
Answer
Yes and no depending on whether or not there is another method for determining the honesty and integrality of salespersons, which is less invasive of the employee’s privacy. However if Herman wanted to find out if his sales personal was providing the level of service he expects, he should provide them with a follow up survey.
Discussion 4
Explain to what extent an employer can engage in electronic surveillance of an employee.
Answer
The Electronic Communication s Privacy Act of 1986(ECPA), made it illegal to intercept, disclose electronic communications, which generally accepts all business communications (Hilbert & Ingulli, 2010, p.74).
Discussion 5
Explain to what the inclusion innocent, unaware third- parties in such surveillance determine whether it is legal.
Answer
The Law requires public or private sectors to inform third-parties that their conversations could be monitored or recorded, and they are also required to provide them with implied consent to the monitoring.

References
Halbert,T.,& Ingulli,F.(2010) Law and Ethics in the Business Enviornment 2010 Custom(6th ed), Masion .OH