Tom Long and Mark Short have formed a business and named it “The Long and the Sh
ID: 354936 • Letter: T
Question
Tom Long and Mark Short have formed a business and named it “The Long and the Short of It” (“L&S”). The following employment scenario raises new legal issues pertaining to this week’s reading that L&S must address. L&S believes that it can improve its profits by discouraging employee theft and shoplifting. As a result, it considering installing surveillance cameras in conspicuous locations. L&S is also contemplating tape-recording phone conversations to monitor personal phone use, which it believes has become a problem. Finally, L&S wants to prohibit use of its e-mail system for private messages after receiving a complaint from a customer who received an inappropriate joke through L&S’s e-mail. The joke was mistakenly sent to the customer by Rodney Fraizer, an employee, instead of to his friend. But the damage was done. 1. Are the employees’ privacy interests violated by the installation of surveillance cameras? Why or why not? 2. Are the employees’ privacy interests violated by the tape-recording of phone calls to monitor personal phone use? Why or why not? 3. Are the employees’ privacy interests violated by prohibiting the use of its e-mail system for private messages?
Explanation / Answer
1. Are the employees’ privacy interests violated by the installation of surveillance cameras? Why or why not?
Installing surveillance is very common in all the companies and it does not violate the employee's privacy in any way. The employees come to the office to work and as long as they are in the office, they need to be involved in the productive work for the company. The companies usually will have these terms and conditions in their job offer letter and this is followed almost all the companies. The employees cannot keep themselves engaged in other activities and waste the time of the company. If the company decides to monitor the activities of the employees after the working hours then it a violation of the privacy. During the working hours, the company can monitor the activities and this will keep the employees disciplined.
2. Are the employees’ privacy interests violated by the tape-recording of phone calls to monitor personal phone use? Why or why not?
This is definitely violating the privacy of the employees of the company. The company cannot do this because the people working in the company will have families to take care of and some employees might have serious problems they are facing. During the working hours, the employees might have to talk to someone in the family and recording that conversation is not a good practice. The company can monitor the calls made on the company phone but not the calls made using their personal mobile number. The company should always provide this privacy to the employees and the employees should not compromise on this.
3. Are the employees’ privacy interests violated by prohibiting the use of its e-mail system for private messages?
The employees are not supposed to use the professional emails to send private messages. The company should strictly monitor that because the image of the company is at stake. A small mistake which is mentioned in the case shows how it can damage the image of the company in a very short time. The company should have a firewall for the messages sent to the unknown domain names. This way the employees will keep the communication professional and the business will not be at risk. So monitoring the emails is against the privacy of the employees and every single company will follow the same rule.