CHAPTER 21 – WORKPLACE MONITORING AND SURVEILLANCE/ WEB ASSIGNMENT WEB SITE: htt
ID: 1166865 • Letter: C
Question
CHAPTER 21 – WORKPLACE MONITORING AND SURVEILLANCE/ WEB ASSIGNMENT WEB SITE: https://www.privacyrights.org/workplace-privacy-and-employee-monitoring
Instructions: Electronic monitoring in the workplace has become one of today's most challenging issues for employers and employees alike. Employers have a legitimate interest in protecting against liability for employees' online activities; they also have a responsibility to oversee their workers to make sure they are productive. At the same time, employees seek to have their privacy rights respected. Is there privacy in the workplace? The Privacy Rights Clearinghouse discusses this question in terms of employer monitoring of telephones, computers, and other office privacy issues. Go to the web site above and answer the following questions: 1) Is it legal for an employer to listen to employee phone calls at work? Explain your answer. (5 pts.) 2) Is office e-mail and voice mail private? Explain your answer. (5 pts.) 3) What laws, if any, deal with privacy in the workplace? (5 pts.)
Explanation / Answer
It is legal for an employer to listen to employee phone calls at work so as to monitor calls with clients or customers on the grounds of quality control. Federal law permits without warning the monitoring calls which are business related though certain state laws may necessitate that the employees be informed that the conversation is monitored. But under federal case law, when it is realized by the employer that the call is personal, he or she must instantly discontinue monitoring the call. Conversely, if employees are told not to make private calls from stated business phones, the employee then takes the risk of getting monitored. Office e-mail and voice mail are not private because employer owns it and is permitted to examine its contents. Also a number of workplace privacy court cases have been decided in the favour of employer. (Smyth v. Pillsbury) The United States Constitution, particularly the Fourth Amendment safeguards against unreasonable/arbitrary scrutiny and seizure. Under federal case law, when an employer realizes that the call is personal or private, he required to instantaneously end monitoring the call. (Watkins v. L.M. Berry & Co). Likewise California, Minnesota, Tennessee, and Texas, have laws which prevent the use of mobile tracking devices.