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Electronic Surveillance of Employees

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Abstract
In this paper, I will analyze a video that addressed the issues of electronic surveillance of employees. I will explain if workers can reasonably get privacy in the workplace, the difference between an open and enclosed office area, if Herman’s need for electronic surveillance is a sufficient reason, how an employee can engage in electronic surveillance, and finally explain to what extent the inclusion of innocent, unaware third parties in such surveillance is legal. In the conclusion I will explain how important these five questions are, why it is important to understand these questions and finally how it is important to understand and answer the questions so we can be clear about the issue.

Explain where an employee can reasonably expect to have privacy in the workplace. There are not a lot of places employees can go to have privacy, unless they are leaving the workplace doing their lunch hour and going somewhere to be alone. Privacy for employees is hard when you are working in a public environment. In the video Electronic Surveillance of Employees, Herman is the boss at a car dealership and he has an enclosed office. He can close his door whenever he needs some privacy. The other two employees, Tony and Shelly, have a cubical and are in an open workspace. Pursing this further, managers in a fast food restaurant work closely with their employees. During the rush hours, which normally occur from 11:00 am – 1:00 pm, managers are working closely with their employees to help get orders out, assist with any problems, and help with shift changes. Once the rush hour is over, they go back in the office and close the door. This time is not only a break time for them but it also gives them privacy to do whatever they need to do and without getting disturb. Employees, on the other hand, do not have that option. Employees that work in the fast food restaurant have very little privacy, if any, after a long rush hour. The only place they may get privacy is in the restroom or out in their vehicles. Some restaurants have privacy restroom and this will work in some places. In a corporate setting, employees may have a small break room they can go to on their lunch break or a private restroom to make personal calls.
Explain whether it makes a difference if an employee is in an open area or in an enclosed office.

Enclosed office is more relaxing and can make an employee enjoy coming to work because of their peaceful environment .Also, an enclosed office has more privacy. Employees have the choice to open or close their door. There is less distraction from other employees and more work being accomplished. On the other hand, an open area in the workplace has no privacy at all. It is very distracting and sometimes irritating. The conversation of other co-workers may not always be business related. Shelly hears everything that Tony is saying to Ms. Drummand because they are both in an open area. Working with some employees is hard itself and putting more than two employees in an open area can cause a lot of problems. Some employees like a quite environment, while others may like to work listening to music. Other employees are hot and others may be cold. There are a lot of personalities, likes and dislike that each employee has to respect in order to work in an open area. Many employees like to know what type of environment they will be working in before they accept a job.
Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance.

Herman does not have a sufficient ground to listen to his employees. Herman is a manager at a car dealership and salespersons are not always honest. In the video, Electronic Surveillance, Herman secretly listens to his employee conversations and a state, “monitoring my sales floor” is how he sees it ( 2008). Herman is justifying why he utilizes electronic surveillance to another employee in the video. Electronic Surveillances are used in a lot of companies today. According to the book, “92 percent of employers were conducting some form of electronic monitoring of their employees” (Halbert & Ingulli, 2010, 73). This type of observation has become popular in the workplace and employers want to know if their employees are really working. If Herman used his electronic surveillance to monitor the inventory it would be a legitimate reason to utilize the electronic surveillance. The Electronic Communications Privacy Act 1986 (ECPA) states, “it is illegal to intercept, disclose, or access messages without authorization, would appear to protect workers from electronic eavesdropping” (Halbert & Ingulli, 2010, 74). This applies to most jobs but there are a few that are exempt from this. “For example, there is no protection for communications that are “readily accessible to the general public” (Halbert & Ingulli, 2010 74). In Herman’s case, he will not be breaking any laws according to the ECPA, but his reason behind it is unethical. He should be monitoring his merchandise instead of his employees. Salespersons are known to stretch the truth in order to get a sale.
Explain to what extent an employer can engage in electronic surveillance of employees. Businesses can use electronic surveillance to keep their place of business safe from thieves, monitoring any misuse of time from their employees, or just make sure their business is running smoothly. Halbert and Ingulli discuss in the book how they monitor Internet use and e-mails. There are “26 percent of companies have terminated employees for misuse of the Internet; 25 percent for email misuse” (Halber & Ingulli, 2010, 73). These are two good reasons why employers engage in electronic surveillance. In the video, Herman knew that Tony was not telling Ms. Drummand the truth about their vehicles. Tony tells Ms. Drummand, “they recommend oil changes every ten thousand miles, but these babies are built so well, it really doesn’t matter” (Osborn, 2008). If Herman did not eavesdrop, the company would be in a lawsuit because they are liable for the damages or any false information Tony has lied about.
“According to a 2005 American Management Association survey, both the intensity and range of workplace surveillance is surging, from videotaping to monitoring of IM chat and blogging to GPS satellite tracking of cars and cell phones (Halber & Ingulli, 2010, 73).

The survey from American Management Association concluded that electronic surveillance has expanded by using surveillance for tracking cars and cells phones thru satellite. For example, rental car company, Avis, may have a device on their vehicle just in case a customer does not return the car. Avis will use this surveillance every day because customer always needs a car to travel. Companies will engage in electronic surveillance to “form quality control, enabling supervisors to better correct and improve employee performance” (Halbert & Ingulli, 2010, 74). Electronic Surveillance can be a great thinking tool to install in your company for the right reasons. Abusing the use of electronic surveillance can be illegal and unethical. There should be electronic surveillance in Public and Private schools so the parents can observe the teacher and behavior of their child. Technology has grown rapidly and electronic surveillance is the hottest choice for employers to monitor their employees. This can benefit the employer or hurt them.
Explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal.
Employees or third parties that are not aware of being under surveillance can be good depending on the circumstance. In the video, Tony was giving his best sell pitch to Ms. Drummand in order to seal the deal with her. If he had known that Herman was listening to his conversation, he probably would not have said some of the things to her. In Tony’s conversation with Ms. Drummand about the gas mileage, he explains, “In normal city driving, it uses no gas” (Osborn, 2008). Everyone who owns a car knows this is not a true statement. Tony is trying to convince Ms. Drummand to invest in this car. If Herman had not being listening in on his conversation, Tony would have put the company at risk in a big lawsuit just because he was stretching the truth farther than he should.
On the other hand, Ms. Drummand is unaware that she is being under surveillance and if she decided to sue, Herman will be under some legal issues then. In some cases, there is legal surveillance where innocent third party is unaware. Going to the museums or art gallery, a family fun event like Chuck-E-Cheese, or skating are some place that may have surveillance where the customers is unaware of. This does not mean that they do not trust their customers; it is more on the lines of safety. Companies use surveillance because they would like to monitor their business and the safety of their employees and customers. Herman was not monitoring his business correctly, he wanted to hear his employee’s conversation so he could control.
Conclusion
In conclusion, Electronic Surveillance is used in many different ways and reasons in the business world. These five questions that have been answered in this paper have explained the different ways many business use electronic surveillance. Privacy in the workplace really does not exist unless you are in an enclosed office area or in the restroom. Electronic Surveillance has expanded on to monitoring cars not just employees in the office. If you are going to monitor your employees make sure you have a legitimate reason for doing so. Do not do it just because you know its legal, it could be still unethical. Also, be aware of the innocent when using electronic surveillance. Be aware of the good use of electronic surveillance in a business. Some business may just need to install them for the safety of their employees.

Reference
Halbert, T., & Ingulli, E. (2009). Law & ethics in the business environment: 2010 custom edition (6th ed.). Mason, OH: South-Western Cengage Learning.
Osborn, J. Jr. (Writer), and Perlee, Clyde and Miller, Roger Leroy (Concept). (2008). Electronic Surveillance of Employees [Videotape]. Wouth-Western Cengage. http://www.cengage.com/custom/static)content/OLC/1111719225/dr_13_script.html, retrieved October 13, 2011.

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