Electronic Surveillance

In: Business and Management

Submitted By pelusa11
Words 1139
Pages 5
“Electronic Surveillance of Employees”
Katy Romero
Law, Ethics and Corporate Governance
Dr. Andrea N. Brvenik
Strayer University
July 17, 2011

Electronic Surveillance of Employees An employer has the right to monitor the employees to increase the productivity and efficiency of its business. In the other hand, every person has the right of privacy within the organization. Human beings must experience a degree of privacy to thrive. Electronic surveillance is increasing every year within the organizations worldwide. This practice has created a debate among employees and employers.

1. Explain where an employee can reasonably expect to have privacy in a workplace Employees are becoming increasingly concerned about their privacy as their employers are monitoring them electronically more closely than ever before. Still employees expect to have privacy at the lunch area, bathrooms and lockers. Besides those places the employee has little or almost no privacy within the company. Electronic monitoring allows an employer to observe what employees do on the job and review employee communications, including e-mail and Internet activity, often capturing and reviewing communications that employees consider private. Now days, video monitoring is commonplace in many work environments to maintain security, monitor employees, and to deter theft. 2. In the workplace, there are typically two spaces, an open area in which there are several desks and where conversations can be overhead, or an enclosed office, in which 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. These spaces make a difference within the communication if the employee is in an open area or with in a closed-door office. The answer is yes, it makes a difference, and…...

Similar Documents

Electronic Surveillance of Employees

...communication, whether in person or through telephone or electronic mail. More often than not, the employer owns and operates the form of communication that employees use such as the computer, email system, and telephone. Furthermore, conventionally the employee is on the employer owned property. While untraditional work environments are becoming a societal norm, employees are still in most cases lawfully monitored by the employer. For example, someone who telecommutes and works out of his or her home, can still be monitored by their employer on a daily basis. Even in this situation the employee is still in most cases using company owned materials to carry out work tasks. Explain if Herman’s need to know whether his sales persons are honest is a sufficient ground for utilizing electronic surveillance. Herman’s need to know his sales persons sales methods is in this case does provide sufficient grounds for utilizing electronic surveillance. This is an example of spot checking not only productivity, but compliance with company policies as well. One reason for his is due to the corporation’s liability for its employees. In this particular case if Herman’s sales persons were found to be providing false or inaccurate information whether purposeful or not, Herman would be liable. Electronic surveillance or surveillance of any kind can be considered a quality control method. Furthermore, the method used to provide surveillance is not obnoxiously obtain and is very......

Words: 1223 - Pages: 5

Electronic Surveillance of Employees

...same time the employees. Even if employees are sometime given today some minimal protection from computer and other forms of electronic monitoring in the work place, especially through union contract, the Fourth Amendment; or Connecticut, Labor Code Chapter 557 and so on, 92% of all of the US companies still conducting high electronic surveillance in the workplace according to the American Management Association (AMA) report of 2009. For example, personal calls are protected under federal case law. So when an employer realizes the call is personal, he or she must immediately stop monitoring the call unless the employee knows it is being monitored and consents to it. 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 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. An open workspace and an enclosed office are both employer property. Any area that is employer property is subject to employer policies and monitoring. For this reason, employers have a right to monitor many aspects of their employees' jobs, including telephone usage, computer terminals, through electronic and voice mail, and Internet usage as long as it goes with the company policies. Such monitoring is virtually......

Words: 563 - Pages: 3

Electronic Surveillance

...Electronic Surveillance of Employee Professor Cowan LEG 500 April 24 2011 Table of Content Page Where an employee can reasonably expect to have privacy in the workplace ……………….. 1 Explain whether it makes a difference if an employee is in an open area or in an enclosed office………………………………………………………………………………………..….. 2 Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance………………………………………………………….......2, 3 Explain to what extent an employer can engage in electronic surveillance of employees…………………………………………………………………………….……….3, 4 Explain to what extent the inclusion of innocent, unaware third –parties in such surveillance determines whether it is legal……………………………………………………….…….…...4, 5 Reference Cited………………………………………………………...…………Reference Page Electronic Surveillance Page 1 Explain where an employee can reasonably except to have privacy in the workplace. Based on the fact that the United States doesn’t have a comprehensive law that protects privacy, there is almost no where in the work place that is private. Most laws give the employer the ability to monitor their employees as long as they have a valid reason for their monitoring. With the advance tin technology employer’s ability to monitor their employees has expanded over last 20 years. Employers have the right to monitor telephone calls, computer usage, electronic mail, voice mail, and video monitoring. Most......

Words: 1353 - Pages: 6

Electronic Surveillance of Employees

...ASSIGNMENT 1: ELECTRONIC SURVEILLANCE OF EMPLOYEES DATE: APRIL 18, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. In accordance with the U.S. Constitution, the right to privacy for employees was granted under the First, Fourth, Fifth, Ninth, and the Fourteenth Amendment. Specifically, the Fourth Amendment guarantees the right of the people to be secure in their persons, hours, papers and effects, against unreasonable searches and seizures of a person or his or her belongings, without first showing probable cause, strong suspicions that a crime was committed, and obtaining an explicit warrant granting permission to conduct a search or seizure. (www.EmployeeIssues.com). It also provides protection for the “reasonable expectations of privacy” of both individual and corporate citizens against unwarranted and unreasonable government searches or seizures. Specific labor laws, regulations and certain rules are automatically granted to employees. Employers have the responsibility to protects privacy interest by avoiding the disclosure of personal matters. The laws that provide/create the right to privacy in employee personnel records, the use and maintenance of employee social security number, employee medical information, and background screenings. Government employees’ rights to privacy are limited and will be evaluated in accordance with a balancing test in which a Judge must decide which counts ore weightily, and employee’s...

Words: 1774 - Pages: 8

Electronic Surveillance

...Ethics in the Government and Public Sector in Electronic Surveillance “Can you hear me now, Yes I can even see you” Embry-Riddle Aeronautical University Abstract In todays society the number of computers, tablets, mobile devices will rise to about 65 billion devices connecting to the internet. That not counting vehicles, household applicances, gaming devices. However, with all of these deveices there is a significant benfit that will make our lives easier and one potential theat that invades our privacy called Geolocational Privacy and Surveillance (GPS). This sometimes hidden or masked feature is colleting our personal information, location and sometimes converstation. Laws have have enmpowered government and companies to collect databases of consumers without our consent. With ongoing technology where does the protection beging and the surveillance stop. Ethics in the Government and Public Sector in Electronic Surveillance In the movie Enemy of the State the lawyer played by Will Smith becomes a target by a corrupt politican who kills a congressman for his unwillingness to help with a new surveillance system with satellites. The politican with the help of National Security Aministration agents to destroy the lawyers life by manipulation thru the internet and surveillance. This movie was produced in 1998 and then the technological devices we have now were not that advanced. Little did we know that would become the norm of everyday life of those who......

Words: 1919 - Pages: 8

Electronic Surveillance of Employees

...Electronic Surveillance of Employees John Burnett Professor Dorothy Sliben Legal 500 Law, Ethics, and Corporate Governance Strayer University October --,2011 Introduction I am rather pleased that I was able to successfully complete assignment I, Electronic Surveillance of Employees paper which highlights the overall pros and cons as they relate to the privacy of an organization's most integral commodity, the employee. The work surveillance is closely scrutinized by both the employee's and employer's perspective; the most employee assert that they should be entitled to privacy within the workplace while the employer offers the statement that they are indeed allowed to monitor all activities as they relate to the employee during the course of the workday while on the organizations premises; unfortunately the employer as it relates to the perspective tends to ring true. Now that we are all more cognizant of surveillance from both the employee as well as employer perspectives, we are now prepared to present our findings in a most effective manner. It is indeed an organization's desire to meet both their short and long term goals of ultimately surpassing existing performance and productivity standards while not compromising business operations along the way. Results of Findings Input 1. Explain where an employee can reasonably expect to have privacy in the workplace. The area where an......

Words: 1224 - Pages: 5

Electronic Surveillance of Employees

...Running Head: Electronic Surveillance of Employees Electronic Surveillance of Employees Tenika Farris Professor: Anne Dewey- Balzhiser LEG 500-Law, Ethics & Corp. Governance 10/22/2011 Introduction New technology allows employers to monitor the job performance of their employees which has become a common practice in some workplaces. This procedure can be accomplished through e-mail, telephone, camera, internet and other electronic surveillance monitoring systems. This procedure was designed to be used solely for business purposes. In many instances employees have been made to feel as if their privacy has been invaded. Upon implementing such practices employers and employees both have a need to be knowledgable of any policies permitting the use of monitoring devices and to know their rights. 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. However, the ECPA contains loopholes that facilitate employee monitoring. 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. Employers may not monitor purely personal calls, however, in order to determine that a call is personal, employers usually have to listen to portions of the employee's conversation. Second, an employer may intercept...

Words: 2157 - Pages: 9

Electronic Surveillance

...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 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. It should not make a difference of the location of the employee. Any action, conversation, or document inside the walls of a company is not private but public information. The employer has a right to search offices, work areas, desks, filing cabinets, lockers and office documents without the employee's permission. However, the employer should do in a lawful and non-threatening manner...

Words: 898 - Pages: 4

Electronic Surveillance of Employees

...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......

Words: 1445 - Pages: 6

Electronic Surveillance of Employees

...Assignment #1 – Electronic Surveillance of Employees DJhonna M. Jones Legal 500 January 28, 2012 Professor Lisa Armonda, J.D. Abstract: This paper is a look at the Video “Electronic Surveillance of Employees”. It will cover where employees can reasonable expect to have privacy, open and enclosed area effects on employees. It will also cover Mr. Herman’s information needs, employer electronic surveillance of employee’s extent, and unaware third party usage in surveillance. Explain where an employee can reasonably expect to have privacy in the workplace. In general workplaces can be divided into two types. The first type is the closed office space. When doors are closed in this type, there is virtually complete privacy for conversations taking place within the enclosed space. Its direct opposite of an enclosed office space, an open office space is a series of desks within an open area separated at most by various pieces of furniture and petitions. Due to the recent trend of litigation resulting from the use of surveillance in the work place, electronic surveillance has taken a larger spot in law than ever before. Most employees use the computers at their jobs to do private things such as send personal email or make an online purchase. Most are convinced that these little slips in the workplace go unnoticed by their employers and feel that their actions remain something private that only then know of. ......

Words: 1345 - Pages: 6

Electronic Surveillance

...Electronic Surveillance of Employees Employee privacy is a controversial topic. There is a need to ensure quality and accuracy in the interactions with customers. This need opens the discussion of what is insuring quality and what is an invasion of privacy. With the advancement in technology there are many surveillance options at the disposal of employers. The employer must review all surveillance options to determine which are legal as well as beneficial to customers, employees, and the business. Employers must consider these factors to make the best legal and ethical decision. Privacy in the Workplace Understanding the meaning of the word privacy is key to set standards of where in the workplace employees may expect discretion. Privacy is “the right to be free from secret surveillance, to determine whether, when, how and, to whom, one's personal or organizational information is to be revealed” ("Privacy," n.d.). Employees may reasonably expect to have privacy in several areas of the workplace. Two physically invasive areas which privacy should be a must are the restrooms and if one has an office with a door, a certain amount of privacy should be expected in that space. Other types of privacy a staff member can demand fairly is the confidentiality of their personal record, like background information, medical reports, social security numbers, financial information, corrective action, and any development plan the employee has engaged in. However, as far as monitoring......

Words: 1275 - Pages: 6

Electronic Surveillance of Employees

...conversations from their fellow co-workers sitting in an open workstation. Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for electronic surveillance. The court system has two determining factors for legal use of electronic surveillance by organizations: First, distinguish how unbearable the electronic surveillance is; this includes analyzing the location of the cameras and determining the effect they have on the employees and customers. If the cameras are in an unbearable location the courts have probable cause to take corrective actions. Second, determine if Herman’s method of gathering these facts is outside the norm for collecting this type of information. Herman does have sufficient grounds for electronic surveillance due to The Electronic Communication Privacy Act 1968 (ECPA) “stating that electronic surveillance can be used during a business transaction like the sale of a car because the organization has legal liability at stake” (Halbert & Ingulli, 2010, pg.74). The legal liability Herman’s organization has at stake is an employee not providing the customer with true, legal information regarding the vehicle and financing rules and regulations; potentially resulting in a lawsuit or the return of a vehicle. Herman’s method of using electronic surveillance to listen in on his employees and customer conversations is rather extreme. Mr. Herman could have collected this information by administering customer surveys,......

Words: 1074 - Pages: 5

Electronic Surveillance of Employees

...expect to have privacy in the workplace is in the restroom. “Because electronic monitoring is now commonplace, it may be considered normal, if not accepted, as long as employers can point to a legitimate purpose for monitoring, it will be difficult for employees to win cases against them.” (Halbert & Ingulli pg 74). With this being said, within the private sector privacy law would allow for very minimal expectation of privacy anywhere other than the workplace facility’s’ lavatories. Depending on the workplaces provided service, a case can be made that there is a need to monitor to protect the companies interest as well as its customers. When dealing with the concept of privacy it’s important to consider personal privacy in relation to the company’s privacy and more paramount, company protection. As the video illustrated, the managers reasoning for monitoring his sales floor employee conversations was to protect the reputation of the car dealership as well as protect the business against any potential legal ramifications from dishonest sales employees. This is a very reasonable purpose for monitoring electronically to protect company interest. However, it would be in the interest of the company to communicate to its employees that they are being monitored so there is not sense of privacy invasion of its employees. As in the example with this case, it’s reasonable that the case can be made that electronic surveillance anywhere on the company property is reasonable to protect......

Words: 1421 - Pages: 6

Electronic Surveillance of Employees

...Electronic Surveillance of Employees Professor Michael Hall Law, Ethic, and Corporate Governance- LEG 500 November 1, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. You may think your United States employee rights authorize you to have a privacy workplace. People are wrong because, according to workplace privacy studies, the odds were good that your employer was monitoring all your internet actions, including your web pages and chat rooms (Niznik, 2011). If your company policy does not state there is a workplace privacy policy, your employer may watch, listen, and read just about everything in workplace area. Employers have the right to protect their business, their finances, and all of their equipment. The American Management Association (AMA) conducted a study of 526 employers which most use some type of electronic surveillance of the employees (Niznik, 2011). Many employers will deny they use any type of electronic surveillance however; the odds are good that your employer has “the eye,” watching your every move at work. Employers are not required to provide workplace privacy because your employers own everything you use at work. Your employers own the computers you work on, the telephones you talk on and the buildings in which you work. There are only a few weak employee workplace privacy right laws that exist. Since there are so few workplace privacy laws, it is legal for “the eye” to spy on you without......

Words: 1946 - Pages: 8

Electronic Surveillance of Employees

...View the video: “Electronic Surveillance of Employees” by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a four to five (4-5) page 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......

Words: 1061 - Pages: 5