...Employee Privacy Rights in the Workplace Employee Privacy Rights in the Workplace Employees must have the right to phone security, application confidentiality, the right to no sexual harassment, and the right to not have any personal questions asked that do not pertain to work. Employee privacy laws are limited, which makes it easy for employers to invade the privacy of its employees. Some things are personal and should remain that way. In today’s working environment, employers need to reevaluate their techniques, approach this ongoing situation, and find alternative solutions to this problem. There are limits to everything in life, and there needs to be limits set on employee privacy laws. Employee privacy laws are limited; they are not set up to protect employees. Someone needs to do something to protect employee privacy. Many Americans accuse their employers of violating their privacy. Employers are becoming more vicious on how they screen new candidates as well as their current employees. Normally employers will conduct background checks, random drug testing, and maybe even a credit check. The question that needs addressing here is “How much are we willing to give up satisfying our employers”? Employees need to become more aware of this situation. Employers have the upper hand in this situation. Everyday they find a new way to invade their employees’ privacy. In today’s world of ever-changing technology, the court and legislature systems...
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...information have forever changed. Employers are playing constant “catch up” with new technologies that are utilized on a broad scale long before policies are created to manage their impacts. Privacy issues often arise in connection with employer efforts to locate, hire and evaluate the most qualified and reliable employees. Improvements in technology, such as the rapid rise of the use of electronic mail and the increasing use of surveillance cameras, often force otherwise reluctant employers to readdress the balance between employees' privacy concerns and perceived business needs. In fact, nearly 67% of all companies currently use some type of surveillance in the workplace. According to a recent poll, “. . . over 66% percent of those surveyed had used the Internet from work in the past 24 hours.” (M.Lee Smith Publishers, Hospitality Workforce Trends, January 2000) In addition, when issues in his or her personal life impact an employee’s work, the employer must make judgments as to the appropriate level of involvement. Lastly, as traffic on the “information superhighway” continues to explode a number of substantive questions about the use and abuse of these information networks arises. What are the ramifications for employees’ right to privacy in the workplace? Does an employer have the right to search an employee’s computer files or review the employee’s electronic mail (“E-mail”)? What are the advantages and disadvantages of using surveillance at the workplace? As you...
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...Employee Privacy Rights in the Workplace Vicki Puckett COM 120 Allyson Wells October 8, 2006 Do you think that your employee rights entitle you to workplace privacy? Well, think again. The fact is that most employers monitor their employee in one way or another. In the workplace, many employers are violating the privacy rights of their employees by surveillance, genetic testing, and sexual orientation. According to some workplace privacy studies, there is a good chance that your employer is monitoring your internet activities, including the Web pages you read, and messages you read and post in forums, blogs, and chat rooms. Your employer could also be spying on you in several other ways as well. Some may include recording your phone conversations, videotaping your every move within the company, and tracking your location with the company cell phone. Such monitoring is almost entirely unregulated. Therefore, unless company policy specifically states otherwise, your employer may listen, watch and record most of your workplace communications. The rapid growth of workplace monitoring and surveillance technology has far out paced the development of laws that protect worker privacy interests. Modern technology has provided employers with more advanced and effective means of monitoring their employees. As a result, electronic monitoring of employees in the workplace has become far more prevalent in recent years...
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...1. Explain where an employee can reasonably expect to have privacy in the workplace. When it comes to employment, many employee privacy rights are granted by specific laws, rules, and/or regulations. For example, there are laws that create a right to privacy in employee personnel records, the use and maintenance of employee social security numbers, employee medical information, background screenings, and the like. But what about cases in which there is no specific statute or code that creates a right to privacy? Does one exist anyway? The answer is maybe. Sometimes, whether a privacy right exists is determined by reference to the "reasonable expectation of privacy." This is a concept which basically asks if, in the particular circumstances, it was reasonable to expect that certain conduct or communications would be considered private. "Reasonable expectation of privacy" can be raised where, for example, an employer searches an employee's office or cubicle, looks through an employee's working files, or searches an employee's locker at work. Was it reasonable for the employee to believe that his or her office or cubicle is a private area that the employer cannot search without first asking permission? Determining whether there was a "reasonable expectation of privacy" typically involves a balancing test, and many factors must be considered to decide whether the employee had a privacy right in answer to these...
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...Explain where an employee can reasonably expect to have privacy in the workplace. Privacy has become extremely important part of American culture. Lately, work place privacy has brought unwanted and costly litigations. To protect the company from those kinds of litigations, organizations are monitoring employee communications carefully. Although according to courts the private organizations have rights to monitor employee communications. In order to this `` Employee surveillance and email monitoring in the workplace present a number of sometimes conflicting issues regarding an employer’s need to protect its property and itself against liability and an employee’s right to privacy``(Adams, Scheuing & Feeley, 2000). Martin and Freeman (2003) also examined key arguments for and against employee monitoring, productivity, security, liability, privacy, and creativity. Privacy may be invaded in four ways. The first is unreasonable intrusion upon a person’s seclusion. Appropriation occurs when the use of a person’s name or likeness is used for economic benefit. Third is public disclosure of private facts. Finally, false light Most cases concerning invasion of privacy by employers involve intrusion upon seclusion’s is publicly characterizing or placing a person in a false light (Chieh and Kleiner, 2003) Most cases concerning Invasion of privacy by employers involve intrusion upon seclusion. At this video to listening to conversion is not an ethic behavior and employee can expect to...
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...CONTEMPORARY BUSINESS ISSUES – PRIVACY IN THE WORKPLACE How Privacy Issues Affect Businesses How Privacy Issues Affect Businesses The existing economic and business setting implies on-going efforts towards better understanding and dealing with the challenges of the modern era, which are characterized by the crucial need for making changes due to intense competition and ongoing global crisis’. As a rule, privacy rights are established by explicit regulations, laws or rules. Some privacy rights are relevant in the workplace and some don't. And even if there is no particular law, a right to privacy can be based on the legal common law notion of having a "reasonable expectation of privacy”, (Lippke, 1998). For employers and employees in the business industry, privacy concerns have become progressively more widespread in the workplace, and with the increased use of electronic resources, privacy at work is even more compound. Consequently, it is imperative that both supervisors and managers have a fundamental understanding of some of the more common privacy rights and issues that can arise, as well as the restrictions that may apply. Some of the more prevalent privacy issues that employees face are drug testing, email monitoring, personnel records, social security numbers, monitoring and eavesdropping, back-ground screening, and medical records. Because of these issues, there are quite a few areas of human capital management in which privacy rights are recognized. Whether these...
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...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. It has by implication shown that there is no other statutory or common law cause of action for invasion of privacy. WJLA-TV v. Levin, 264 Va. 140; 564...
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...Rashad Watkins Bus 352 Stratford University 11/1/11 How much privacy can your employees expect at work? Today, it's possible for companies to monitor every aspect of what employees do in the office, from email and surfing the Internet to phone conversations. But when are you crossing the line? There are specific laws, rules, and regulations granting certain employee privacy rights. For example, there are laws that create a right to privacy for employee personnel records, medical information, and background screenings. But what about cases in which no specific law creates a right to privacy? Does one exist anyway? The answer is maybe. If no law or regulation exists, whether there is a right to privacy is determined by referring to the "reasonable expectation of privacy." If, under the circumstances, it was reasonable for the employee to expect certain conduct or communications would be considered private, then the courts might deem that a right of privacy existed. Suppose an employer searches an employee's office or cubicle, working files, or locker. Was it reasonable for the employee to believe that his or her office or cubicle is a private area that the employer cannot search without permission? What if the employer's Employee Handbook states: "The Company reserves the right to access and search all offices and work areas on company property, including but not limited to locked and unlocked desks, file cabinets, files...
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...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 that an employee can reasonably expect in the workplace would be of their personal records such as their...
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...conflicting interests concerns the privacy rights and considerations of the employees versus the rights of the employer to monitor the activities of its employees. A relaxed, comfortable workplace promotes good morale but too much comfort can result in a workforce that takes their responsibilities for granted. Achieving a happy medium is the ultimate goal. The development of modern technology has provided employers with increased opportunity to monitor the activities of their employees both on the job and off. Telephone, computers, voice mail, and the internet have provided employers with vehicles that were not available just a decade or so ago. Because of the newness of such devices, regulations and laws governing the use of them are not well developed. As a result, at the present time, employers are enjoying virtually unfettered opportunities to listen, watch, and read most anything and everything that their employees are doing while at work. Some more aggressive employers are even using such devices to do the same in regard to their employees’ private lives as well. In limited cases, some corporations and businesses have enacted policies limiting such interventions by the company but there are very few such companies. The concept of privacy is complicated. What is private for one person may not be for another and when it comes to privacy in the workplace the issue becomes even more complicated. From a legal point of view, what constitutes privacy is essentially the expectation...
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...Employee Handbook In this Employee Handbook, you will find our policies and procedures that are put in place to benefit both the employer and employee. The employee rules apply to all our employees and must be followed to maintain employment with the company. It will also cover the consequences and procedure that are in place to deal with any violations of the handbook. As with all things, we reserve the right to make changes as we see fit with proper notification to all employees. We may revise, add, or delete as necessary. If you need more information regarding anything in the handbook, please contact your Human Resource Manager. Privacy Rights Addressed Privacy will be honored on both the employer and the employee. All confidential material, such as your personnel file or payroll, will be kept private and only the necessary employees will have access. Any information that is released will be done on a need to know basis only. As an employee, it is your responsibility to maintain the privacy of our clients and any information you may receive throughout the workweek. You will also have information about our daily operations. These also are not to be shared with anyone. Depending on your position with our company, you may receive confidential information regarding other employees that is not to be shared with others. It is of highest importance that privacy is maintained during all aspects of work. Privacy Rights & Privacy Protection ...
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...Computer Privacy Computer surveillance in the workplace is nothing new to people. It is commonly known that the employees are being monitored by the leader or boss. When computers and the Internet became prevalent, advanced surveillance increased. There are many employees monitoring software provided for employers to watch over employees' computers. The company administrators can monitor and supervise all of their employee computers including e-mails, chats, screens and even phone calls from time to time. Employees have few if any rights when it comes to electronic surveillance in the workplace. As Brown, Sonja D describes in the article “Naked at work: pssst! The boss is watching”, employees' right to privacy in the workplace is very limited. He asks a series of questions and presents us with several vivid scenes in the workplace, “Are there cameras in your workplace? Are the Websites you visit tracked regularly? Is someone else reading the e-mails you send and receive? How did your boss know that your three-day business trip with the company car was really two days at the client site and one day sightseeing?” (Brown, para. 2). Should employers monitor their employees' uses of these technologies? For the sake of liability, discoverability, productivity and protection of trade secrets and intellectual property, the answer is commonly yes. Can workplace privacy be ignored? Definitely not! The right to privacy plays a unique role in American law and society. Privacy rights...
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...Explain where an employee can reasonably expect to have privacy in the workplace. Is there truly such a thing as privacy in the workplace? In today’s society it is possible for companies to monitor every aspect of what employees do in the office environment, from email, surfing the Internet to phone conversations. Federal and state laws specifically address an employer's right and ability to monitor, save, record, access, or otherwise conduct surveillance of employees' use of company electronic communication resources and systems. Generally speaking, if an employer complies with the notice and consent requirements under these laws, and writes and distributes policies consistent with the laws, it will be difficult for employees to show a reasonable expectation of privacy in using company-owned electronic communication systems. But there are specific laws, rules, and regulations which grant certain employee privacy rights within the workplace. These laws govern Personnel records, social security numbers, monitoring and eavesdropping, medical records, drug testing, and background screening. Employees generally have a right to privacy in their personnel records, with exception of a few specific circumstances. This means that employers are generally not permitted to disclose personnel records of an employee to third parties without a legal obligation to do so or written consent from the employee's. The right can be found in state statutes, codes, or by judicial case law....
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...Running head: EMPLOYEE MONITORING 1 Employee Monitoring: Employer Safeguard or Invasion of Privacy? Sarah L. Voorhees EMPLOYEE MONITORING Employee Monitoring: Employer Safeguard or Invasion of Privacy? Employee privacy has been a controversial topic especially with the rise in internet usage, the popularity of social media increasing, and the addition of GPS to mobile devices. With these advances in technology there are numerous ways for employers to monitor their employees’ time at work. According to Evans (2007) as many as eighty percent of the employers, who employ twenty percent of the American population, monitor employees’ telephone conversations, emails, and voicemails. Global Positioning Systems (GPS) technology has made tracking the whereabouts of employees easier rather than tracking only information passed between employees and other individuals. The United States does offer privacy laws to help safeguard employees’ expectations of privacy; however, the laws are formatted around the physical realm such as desk drawers or an employee’s home, not an employee’s computer files or even social networking site (Riego, Abril, & Levin, 2012). It has become apparent that social media is here to stay. Social networking sites such as Facebook and Twitter have changed how people communicate in their daily lives and even how organizations do business. Employers have begun using social networking sites not only to market themselves but also as a human resource tool, making...
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...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. This statute has been construed to allow individuals whose Constitutional rights have been...
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