Leg 500- Electronic Surveillance of Employees

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Electronic Surveillance Of Employees

Running Head: Electronic Surveillance Of Employees

Electronic Surveillance of Employees
Cathy D. Brown
Professor:: Anne Dewey-Balzhiser
LEG500- Law, Ethics and Corporate Governance
Date: January 22, 2012

Introduction:

Some would say that workplace privacy rights are non-existent in the private sector.

Workplace surveillance is that employers have a legitimate right to conduct surveillance

for the benefit of themelves, the community at large for purpose such as detection of fraud

and other crimes, the defference of criminality, and in order to comply with laws such as

discrimination and defamation law. A employer can engage in electronic surveillance of its

employees to further protect his her company however, an employer shoud inform

employees that they are subject to monitoring perhaps by setting up a highly visible

surveillance system or distributing to all employees and job applicants copies of a

surveillance policy or both.

Research

The Electronic Communications Privacy Act of 1986 (ECPA) is the only federal statute

that offers workers protections in communications privacy. ECPA prohibits the intentional

interception of electronic communications. Some may find that, the ECPA contains

loopholes that facilitate employee monitoring. Court found the company’s electronic

communications policy to be ambiguous and interpreted the ambiguity against employer. The court The policy stated that the company could be review any matters on the

company’s media systems and services at any time, and that all emails and communications

were not to be considered personal or private to employees. The court found the policy

disclosure of employee monitoring insufficient, because it did not inform employees that

the company stored and could retrieve copies of employees’ private web-based emails.

First, employers are permitted to monitor networks for business purposes. This enables

employers to listen in on employee phone calls or to view employees' e-mail.

Explain where an employee can reasonably expect to have privacy in the workplace.

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. To monitor the after hour activities of an

employee who has filed a worker’s compensation claim, for the purpose of the claim is

considered lawful. But to monitor these activities for no valid reason is considered

unlawful. However, employers have the right to protect their business success, their

finances, their buildings, and all of their equipment. There should be no expectations of

privacy at any workplace by an employee. 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 only place an employee

should reasonably expect to have privacy is in the restroom area. When you first get hired

by a company all your information regarding your social security, maiden names,

emergency contacts, work...
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