Electronic Surveillance of Employees

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1. Explain where an employee can reasonably expect to have privacy in the workplace. New technologies make it possible for employers to monitor many aspects of their employees' jobs. Employers monitor their employee’s on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet. Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise your employer may listen, watch and read most of your workplace communications. An employee can reasonably expect to have limited privacy in the workplace. This privacy would be limited to personal property and disclosing any personal information. An example of this is an employer may have the right to listen to telephone calls however they do not have the right to listen to telephone calls on your personal cell phone. However, in the case Michael A. Smyth vs. The Pillsbury Company, Defendant [Pillsbury Company] maintained an electronic mail communication system (“e-mail”) in order to promote internal corporate communications between its employees. Defendant repeatedly assured its employees, including plaintiff, that all e-mail communications would remain confidential and privileged. Defendant further assured its employees, including plaintiff, that e-mail communications could not be intercepted and used by defendant against its employees as grounds for termination or reprimand. (Halbert & Ingulli, 2010, p. 71) Mr. Smyth was receiving and sending e-mails on his home computer. In his communications with his supervisor there was use of offensive language. These communications were intercepted by executives in the company. Mr. Smyth and his supervisor were terminated for unbecoming and unprofessional comments over the company’s e-mail system. Although, Mr. Smyth was at home, he was still using Pillsbury’s e-mail address and e-mail

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