LEG500 Assignment 1 - Running head ASSIGNMENT#1 ELECTRONIC...

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Running head: ASSIGNMENT #1 – ELECTRONIC SURVEILLANCE OF EMPLOYEES 1 Assignment #1 – Electronic Surveillance of Employees Strayer University LEG500 – Law, Ethics, and Corporate Governance Professor: Benjamin M. Shushan April 21, 2011 Assignment #1 – Electronic Surveillance of Employees Explain Where an Employee Can Reasonably Expect to Have Privacy in the Workplace
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ASSIGNMENT #1 – ELECTRONIC SURVEILLANCE OF EMPLOYEES 2 Although the law on employee privacy rights is still developing, various federal and state laws limit and define what employers can do when monitoring their employees ( Dillon, Hamilton, Thomas, & Usry, 2008). Under federal and most state law, there are areas where an employee has a “reasonable expectation of privacy” in the workplace. Generally, privacy in the workplace can reasonably be expected in the following three general areas. First, the area of where employees can reasonably expect to have privacy from their co- workers is in their private workplace areas. Courts generally recognize a reasonable expectation of privacy as to an employee’s exclusive private office, desk, and file cabinets containing personal matters not shared with other workers (Wilson, 2006). Second, in highly private areas such as restrooms, break lounges, locker rooms, and places designated for health or personal comfort, courts have generally recognized employees’ reasonable expectations of privacy. The main reason is that activities carried out in these places are things that are not normally done in public. They are private acts, and the employee has a reasonable expectation of privacy during these activities. Finally, different kind of privacy that an employee can reasonably expect in the workplace would be of their personal records such as their background, health status, social security numbers, and medical data (Lieber, 2007). This information is kept in the employee’s private, confidential employee folder in the Human Resources Department, generally in a locked cabinet or other secured areas. This ensures that no one other than the Human Resources Department can get access to the information other in the file. At times, special permission is granted for a manager to review the file for a specific reason, along with the Human Resources representative. Explain Whether It Makes a Difference If an Employee Is in an Open Area or in an Enclosed Office
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ASSIGNMENT #1 – ELECTRONIC SURVEILLANCE OF EMPLOYEES 3 Yes, it makes a difference if an employee is in an open area versus being in an enclosed office when specifically pertaining to an employee’s level of privacy. The main differences between an open space office and an enclosed office are summarized below. First, privacy in an open area is limited when it comes to conversations. Open areas usually mean that the conversation is everyone to hear or be involved in. Thus, anyone walking pass may hear your conversation whether you mean for them to or not, and also whether or not they intend to listen to the conversation or not. This means that privacy is very limited because
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