Electronic Surveillance Essay

912 Words Dec 17th, 2011 4 Pages
Electronic Surveillance of Employees
Brent Schenkel
Roy Basile, J.D
LEG 500
October 23, 2011

Explain where an employee can reasonably expect to have privacy in the workplace. Obviously, employee privacy should not be an issue when it comes to a restroom or a locker room facility. This would invade personal privacy and has been upheld by numerous cases in a court of law. But any other parts of the grounds of the company are considered public areas and can have surveillance monitoring. Any areas where business can occur are fair game to monitor by either camera or microphone. Courts have upheld that parking lots and break rooms on the premises are still under the jurisdiction of the company.

In the office workplace there are
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Herman may have wanted to let his employees know beforehand that he may monitor them from time to time for quality control purposes. Surveillance can be used for many good purposes as well, such as monitoring employee performance, quality control, and measuring efficiency. This monitoring could also protect the company from a lawsuit due to wrong or misleading information given by employees. In 2010, there was an exception made to the ECPA (Electronic Communication Privacy Act) that would allow employers to listen in on communications made in the “ordinary course of business” where business interest such as efficiency or legal liability was at stake. Herman used a tool to monitor the conversation between his employees and the clients. He was worried about his’ sales person’s honesty and while listening to Tony’s conversation he knew Tony was not being honest about the information he was providing to the customer. If Herman did not monitor Tony’s conversation, the company may have been sued by the customer due to misinformation.

Explain to what extent an employer can engage in electronic surveillance of employees. Any e-mail that is sent or received over the employer's network is fully accessible to the employer. The employer can read and make copies of the contents of e-mail and can do so even after the employee has deleted them. Like e-mail, the employee essentially has no right to privacy regarding Internet access over the employer's

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