“Electronic Surveillance of Employees”
Law, Ethics and Corporate Governance
Dr. Andrea N. Brvenik
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 ...view middle of the document...
Outside his or her own workspace, a corporate officer or employee has a reasonable expectation of privacy to challenge a search if he or she has a "possessory or proprietary interest" in the area searched and there is a connection between this area and his or her own workspace. The Electronic Communication Privacy Act of 1986 (ECPA) is a statue that offers little privacy protection in communications to employees. The ECPA makes illegal to intercept, disclose or access messages without authorization. Appears to protect workers from electronic eavesdropping. There are some exceptions to the ECPA, there is no protection for communication that are “readily accessible to the general public” such as public chat room exchanges. The law does not apply to the extent that employees give consent to monitoring, which would seem to eliminate ECPA coverage in the many workplaces where people are told that their communications are not private. Employers can monitor networks for business purposes and employers can monitor based on consent by notifying. For people who work for the public or government employees have some protections by the Fourth Amendment. Government employees can have a “reasonable expectation of privacy” in his desk or file cabinets. The government still has to right to perform searches that serve interest in promoting efficiency within the operation of the workplace.
3. Explain if Herman’s need to know whether his salesperson are honest is a sufficient ground for utilizing electronic surveillance
Herman as a business owner or business manager needs to know if the performances of his employees are adequate. Ethical and honest behavior is expected from the employer. Electronic surveillance is justified if the employer discovers evidence that the policies of his company are not being followed as required. Herman discovered dishonest behavior from one of his employees. During a meeting with a potential customer, the employee gave inaccurate information about a car. The sales representative was not truthful. The electronic surveillance equipment allowed Herman to target the problem and fixed it in the spot. Corrective actions were taken and new recommendations were made. Thanks to this system the customer was able to received the real information and protect the company’s name.
4. Explain to what extent an employer can engage in electronic surveillance of employees
An employer can engage as much as they need to in electronic surveillance of employees. Workplace surveillance is that employers have a legitimate right to conduct surveillance for the benefit of themselves and the community at large, for purposes such as the detection of fraud and other crimes, the deterrence of criminality, and in order to comply with laws such as...