Assignment #1 - Electronic Surveillance of Employees
Explain where an employee can reasonably expect to have privacy in the workplace.
The given video case describes the private-sector employers’ surveillance activities. In this point, private-sector employers want to make sure that their business assets are not being violated at any time by anyone. 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. New technology has made it possible for employers to monitor phone calls, emails, and any other information that is being used for the particular ...view middle of the document...
In an open area anyone can walk by and listen to a conversation. There is no privacy if the area is open. However, on the other hand when the door is closed only the people that are in the office will be able to hear the conversation this will have better privacy. You can talk freely in an open area if you want to remain private to many people are around and that’s how people’s ethics come in to play by listening to other peoples conversations.
Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance.
It depends on whether there are alternative methods of ascertaining the honesty of salespersons that are less invasive of the employees’ privacy. For example, Herman could use surveys of customers to find out this information. In fact, many businesses use customer surveys rather than electronic surveillance to evaluate the honesty of their sales personnel.
But it is the right of the employer to enforce sales person honesty and may use electronic surveillance to determine it. Because the sales person is acting as an agent of the company and has the ability to bind the employer. In such circumstances using alternative methods are more ethical than using electronic surveillance.
Explain to what extent an employer can engage in electronic surveillance of employees and what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal.
The employer can engage in electronic surveillance of its employees. Because The Electronic Communications Privacy Act of 1986 prohibits intercepting electronic communications but generally excepts business communications. An employer’s interest in monitoring his or her employees may conflict with the employees’ privacy interests. The employees’ interests may be asserted in a tort action for invasion of privacy. To succeed in such a tort action, an employee must show that he or she had a reasonable expectation of privacy in not being monitored. ...