Electronic Surveillance of Employee
Professor Cowan
LEG 500
April 24 2011
Table of Content
Page
Where an employee can reasonably expect to have privacy in the workplace ……………….. 1
Explain whether it makes a difference if an employee is in an open area or in an enclosed office………………………………………………………………………………………..….. 2
Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance………………………………………………………….......2, 3
Explain to what extent an employer can engage in electronic surveillance of employees…………………………………………………………………………….……….3, 4
Explain to what extent the inclusion of innocent, unaware ...view middle of the document...
Video monitoring is used by a large number of employers and it can be used without employee consent. The only place employees can’t be monitored is in lock room or bathroom monitoring in this area would be physically invasive and employees are protected by law from these types of acts.
The bottom line is that there is a limited area in the workplace where a person can’t be monitored. The only places in the work place in most companies that cannot be monitored are place in which a person physical privacy can be violated, but everywhere else in the workplace is open for monitoring.
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Explain whether it makes a difference if an employee is in an open area of in an enclosed office. There is a huge difference in open area office and enclosed offices. Employees who work in open area offices or shared offices are subject to be videoed and audio monitoring by their employer without any notification. The employer may use monitored of employees as a mechanism to deter theft, maintain security, and to protect themselves as well as its employees from unwarranted laws suits.
There are many different laws that protect employees when it comes to video monitoring and surveillance in an enclosed office area that involve employee privacy. The employer should give employee prior notification to its employees about surveillance in these areas. The employer should also input information of surveillance in its employee handbook and policies. The employer should have some type of reasonable expectation of privacy in the workplace environment. Employers should take the needed precautions when using surveillance on enclosed or partially enclosed office space, as opposed to open office areas. The employer should make sure there is a legitimate need to take action that may be construed as an intrusion into employee privacy.
Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance. As an owner and manager of a car dealership Herman is in a position where he needs to know if his sales people or being honest with the consumer. A car dealership needs to have a positive reputation with their customers to be productive in the car sales market.
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Mr. Herman is also responsible for maintaining their dealership financial production level. Knowledge of his sales people interaction with his consumer would ensure that all the information that is given to the buyer is correct and accurate. These are all good and justifiable reason for Mr. Herman to use electronic surveillance systems to monitor his employees.
In the best interest of Mr. Herman and the car dealership the employees and the customers of the company should be previously notified of the active surveillance system.
This type of notification to the consumer and the employees would give protection to the dealership against any legal action that might be brought against the...
