...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 reasonably expect to have privacy in the workplace. I will also explain whether it makes a difference if an employee is in an open area or in an enclosed office. Next, I will explain if Herman's, the boss at Fade-In-Interior Auto Dealership, need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance. There will also be an explanation that...
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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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...1. What the employee expects to give to the organization. According to the article insert, “psychological contracts are playing an increasingly important role in contemporary employment relationships” (Robinson). The employee expects to give their time, talent, and expertise to the organization. Most employees believe that if they work hard and work within the culture of the organization they should reap the benefits and rewards of their hard work from the organization through their compensations, promotion, and total benefits package. 2. What the employee expects to get from the organization. As state by Robinson, “Psychological contracts refer to employees' perceptions of what they owe to their employers and what their employers owe to them” (Robinson). The employee expects to get fair and just compensations, vacation time, flexibility and respect and trust. Trust is an extremely important component of the psychological contract. Employees expect to be able to trust that the organization will compensate them justly for their hard work. Employees also expect that employees will reward them through benefits and promotion for their loyalty and hard work for the organization. 3. What the organization expects to give to the employee. The psychological contract is the tool that is used by organization in order to intervene and ensure that there is a known definition of roles and responsibilities for both the employee as well as the employer. The organization expects...
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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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...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. According to (American Heritage Dictionary) privacy is freedom from unsanctioned intrusion. An employee can expect to have freedom when it comes to their personnel records, the use, record and storing purposes by employer over employee personal data, medical information and health status, social security numbers, background screenings information, financial and everything else that...
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...Employees Tiffany Robinson Dr. Barr Law, Ethics, and Corporate Governance January 24, 2010 1. Explain where an employee can reasonably expect to have privacy in the workplace. Employees can reasonable expect to have privacy in the workplace when it comes to telephone calls, voicemail, e-mail, text messaging on employer provided cell phone, and their company assigned computer. For example, employers may monitor calls with clients or customers for reasons of quality control purposes; however, under federal case law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call. (Watkins v. L.M. Berry & Co., 704 F.2d 577, 583 (11th Cir. 1983). Employees are given some protection from computer and other forms of electronic monitoring under certain circumstances. Union contracts, for example, may limit the employer's right to monitor. Also, public sector employees may have some minimal rights under the United States Constitution, in particular the Fourth Amendment which safeguards against unreasonable search and seizure (www.privacyrights.org). In cases where there is no specific statute or code that creates a right to privacy, privacy is determined by 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. Determining whether there was a "reasonable expectation of privacy" typically...
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...Abstract Electronic surveillance of employees is becoming more and more popular with companies. With the variety of computer programs and monitoring systems available for the sole purpose of monitoring what employees are doing while on the clock electronic surveillance of employees is on the rise. Issue of thief, employee performance issues, harassment and discrimination issues as well as compliance guidelines that must be followed by several industries companies , as well as safety issues, companies are turning more and more to monitoring employees and what goes on in the work place. Electronic Surveillance of Employees Electronic surveillance of employees is a growing trend with employers. Employers want to know that their employees are being honest, productive and loyal. Employees are concerned that employers are taking electronic surveillance of their employees too far. With ever increasing technological advancements in surveillance equipment it is becoming increasingly easier for employers to monitor what employees are doing while at work. Employees are finding it more and more difficult to trust that anything done at work can be consider private. Explain Where an Employee Can Reasonably Expect to have Privacy in the Workplace An employee can reasonably expect to have privacy in the workplace. However, the location and extent of that privacy is determined by the company’s policies. Privacy policies are determined by several factors, each company depending on...
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...Electronic Surveillance of Employees Mitchell D. Upchurch Anthony Robinson Law, Ethics, and Corporate Governance- LEG 500 January 17, 2011 Privacy in the Workplace Explain where an employee can reasonably expect to have privacy in the workplace. Privacy in the workplace can reasonably be expected in three general areas as it relates to the employer, co-workers, clients and customers. When an employee is hired at a new company, there are several security measures that are already in place in order to keep their personal information private and/or confidential. The first being in the Human Resources Department where all the information is gathered by the employee filling out various forms of that are confidential in nature. This information is kept in the employee’s private, confidential employee folder in the Human Resources Department, generally in a locked cabinet or other secured areas. This ensures that no one other than the Human Resources Department can get access to the information other in the file. At times, special permission is granted for a manager to review the file for a specific reason, along with the Human Resources representative. The second place where an employee can reasonably expect to have privacy is in the computer mainframe where all the pertinent records (such as social security number, address, date of birth, banking information, etc.) are stored. This is used primarily for an employee’s timekeeper administration and government...
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...Name:Maryam BiBi Employees and employers assessment You work for Bombay Stores, you have been asked to create a document which explains to the employee and employer how they can operate in enterprising ways, develop working relationships and meet their rights and responsibilities. Task 1: Enterprising employees Suggest two ways to a Bombay Stores employee of what they can do to be enterprising: |Suggestion |Explanation | |Have suggestion schemes |If you have a suggestion scheme the employees can put their ideas forward and| | |the employees will be more motivated, because their voices will be heard. | |Have a Flexible workforce |If they have a flexible work force the employees will know what to do in the | | |different departments e.g. stacking the shelves, working in the office. | (4 marks) |Increased sales |If Bombay stores are enterprising they will have more innovative products and services. More customers | | |will shop there which will mean an increase in sales. | |Good reputation |If they have a unique product then the customers will tell people around them about their product which...
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...Corporate Governance 17 July 2011 1. Explain where an employee can reasonably expect to have privacy in the workplace. Reasonable expectation of privacy for an employee could require a balancing test as what the US District Court judge used in the 1996 case of Michael A. Smith v. The Pillsbury Company. The judge ruled in the defendants favor saying that Pillsbury’s “interest in preventing inappropriate and unprofessional comments or even illegal activity over the email system outweighed any privacy interest the employee may have in those (email) comments”,( Halbert 2011, p.72). In this case, it was more important for Pillsbury to know what communication was going out through its email system than it was to protect Mr. Smith’s privacy. Consequently, where an employee expects to have reasonable privacy depends on the employers’ own policy within the workplace. The policies need to be clear and easily accessible to the employee. Many US companies would have their policies posted on their internal websites where an employee can review them at anytime. The information normally spells-out that any use of company facilities or equipment garners the right for that employer to monitor it at any time. This could include their email system, voicemail system, company phone, company car, etc. To be honest, I think arguably the places where an employee can expect reasonable privacy are within a more enclosed areas. One of the most enclosed...
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...Explain where an employee can reasonable expect to have privacy in the workplace. Some would say that workplace privacy rights are nonexistent in the private sector (Employee Issues, 2011). However, in order to be comfortable and successful in the workforce we as individuals need a certain amount of privacy. At the same token, employers have a desire to know certain information about not only the employee as an individual, but as a function of the corporation. Employers have a need to monitor things such as how productive and loyal the individual is to the corporation (Halbert & Ingulli, 2010). In today’s highly technical society, the ability to monitor employees at work has increased significantly. As a result, the need to determine what constitutes appropriate monitoring is discussed regularly. While heavily debated, there are situations in which an employee can expect to be protected from violating ones privacy in the workplace. Courts take into consideration two main factors. First, the obnoxiousness of the means used to intrude. If an organization uses unusual methods of gaining private information about an employee, this could be considered a violation of privacy. There is no expectation of privacy when it comes to corporate email communication, because is considered a usual to monitor corporate email. Secondly, there has to be a reasonable reason for intruding. To monitor the after hour activities of an employee who has filed a worker’s compensation claim,...
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...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 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...
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...be expected in three general areas as it relates to the employer, co-workers, clients and customers. When an employee is hired at a new company, there are several security measures that are already in place in order to keep their personal information private and/or confidential. The first being in the Human Resources Department where all the information is gathered by the employee filling out various forms of that are confidential in nature. This information is kept in the employee’s private, confidential employee folder in the Human Resources Department, generally in a locked cabinet or other secured areas. This ensures that no one other than the Human Resources Department can get access to the information other in the file. At times, special permission is granted for a manager to review the file for a specific reason, along with the Human Resources representative. The second place where an employee can reasonably expect to have privacy is in the computer mainframe where all the pertinent records (such as social security number, address, date of birth, banking information, etc.) are stored. This is used primarily for an employee’s timekeeper administration and government reporting purposes. Only key personnel such as Human Resources, Accounting and IT have access. There are also different levels of access allowed based on the need to see the data. Another area of where an employee can reasonably expect to have privacy from their co-workers is in their private...
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...people in other industries, to what extent would the attraction and retention initiatives described in this case study reduce feelings of inequity? Raising motivation levels and ensuring commitment are two of the key success factors when managing people at work. Increasingly managers, whether consciously or not, are turning to the psychological contract as a way to retain and motivate key staff. It was a useful tool when managing and recruiting staff. It is basically the unspoken contract between the organization and the job holder. It encapsulates the expectations of both sides as to what each expects the employment contract to deliver. Although informal and often unspoken of directly, the matching of expectations at this level will often lead to an increased sense of happiness among employees as well as delivering real results. A psychological contract is defined as the `mutual beliefs, perceptions and informal obligations between an employer and employee' It can be distinguished from the legal employment contract in that it is the perception of both parties, the employee and employer, of what their mutual obligations are towards each others. It can be more influential than the formal written contract in affecting how employees behave from day to day, their motivations and their commitment to the organization. The psychological contract tells employees what they are required to do in order to meet their side of the bargain and what they can expect from their job. It offers...
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...landlord bugging the wall of his ten- ants’ bedroom, for example. Most courts consider two main factors: (1) the obnoxiousness of the means used to intrude; that is, whether it is a deviation from the normal, accepted means of discovering the relevant information; and (2) the reasons for intruding” (Halbert & Ingulli, 2009 p. 74). 1. Explain where an employee can reasonably expect to have privacy in the workplace. The increased use of technology in the workplace has created new concerns for both employers and employees in the area of privacy just like the privacy issue that is going on at the Fade In-Interior Auto Dealership. The reasons for the large expansion in the use of technology in the workplace are far from surprising. The use of email and the Internet can significantly reduce operating costs through automation of human tasks, facilitate communication on innumerable levels, and can clearly increase efficiency in almost all tasks. But with the many positive reasons to how technology can help a business, it also raises concerns that previously did not exist― privacy. When it comes to their business employers want to be sure that their employees are doing...
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