1. Explain where an employee can reasonably expect to have privacy in the workplace.
With the increased use of technology, employers are constantly searching for new means to protect their company, secure their investments, and increase employees’ productivity. Because of this, employees cannot reasonably expect to have privacy within the workplace. Although employees would like privacy in their office, on their computer, and during phone conversations, there is no law legally granting privacy to employees in the workplace. The only place an employee could have a reasonable expectation of privacy is in the restroom.
Also, since the employers need to know all employees are providing a proper job, that the workplace place is always secured, also because as the owner of the company he owns the computer network, the terminals and will be the biggest loser if the company ...view middle of the document...
So when an employer realizes the call is personal, he or she must immediately stop monitoring the call unless the employee knows it is being monitored and consents to it.
2. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can be overhead, or an enclosed office, in which—when the door is closed—conversations cannot be heard and where one would expect virtually total privacy. Explain whether it makes a difference if an employee is in an open area or in an enclosed office.
An open workspace and an enclosed office are both employer property. Any area that is employer property is subject to employer policies and monitoring. For this reason, employers have a right to monitor many aspects of their employees' jobs, including telephone usage, computer terminals, through electronic and voice mail, and Internet usage as long as it goes with the company policies. Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise (and even this is not assured), your employer may listen, watch and read most of your workplace communications in any site belonging to the company in exception of the restroom. (Stanton, 2006)
Although there is currently no Federal "employee workplace privacy rights law" that prohibits monitoring in the workplace, some states prohibit camera surveillance in the workplace; but not all states have laws addressing workplace privacy and electronic surveillance. An enclosed office with a closed door displays a sense of privacy from other coworkers. However, employees in an enclosed office are still subjected to electronic surveillance with cameras, phone conversations, and the computer. Video cameras that contain audio may be subject to laws relating to audio recording. In the state of Georgia for example an audio conversation is prohibited unless all parties consent. Unless your individual state has a specific law on audio, common practice is that at least one party must consent to being recorded.