Employee Privacy
The objective of this study is to read the case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) and to answer the questions of whether it is lawful to monitor the telephone conversation of an employee if the employee has given prior consent and to answer if in this case whether Deal give her employer consent in this case? This study will additionally examine whether due to the recent burglary of the store, whether the employer had a legitimate business reason to record and review the employee's phone calls made or received at work. Finally, this study will consider what, under the Watkins precedent, is the extent to which an employer can monitor personal phone calls to employees within the ordinary course of business exemption of the federal wiretapping law where is no evidence of express consent here.
Background
The basis of the complaint filed in case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) is Title II of the Omnibus Crime control and Safe Streets Act of 1968, 18 U.S.C. § 2510-2520 (1988 & Supp. II 1990). It is reported that the Plaintiff, Sibbie Deal, and Calvin Lucas seek damages against Deal's former employers, namely the defendants, Newell, and Juanita Spears dba the White Oak Package Store, for the "intentional interception and disclosure of plaintiff's telephone." (United States Court Of Appeals, Eighth Circuit, 1992) Following a bench trial in this case, the District Court made a statutory award to Plaintiffs in the amount of $40,000 and the request for attorney fees in accordance with Title III's fee-shifting provision was granted. The Plaintiff cross-appealed the case on the issue of the court having refused to award punitive damages. The decision was affirmed by the higher court.
The Issues & The Decision of...
Employee Privacy Torts Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to
Employee Privacy Torts History of Employee Privacy Changing Trends of Employee Privacy Impact of Innovative Technology on Employee Privacy Role of Social Media towards Employee Privacy Impact of Changing Community/Society on Employee Privacy Adaptation to the new Environment pertaining to Employee Privacy Employee Monitoring and Surveillance Laws and Employer Policies for Text Messaging and Social Media Electronic Communication Privacy Act Monitoring of Employee Conversations over Telephone & Email Recommendations for creating Effective Policies Future Implications of Employee Privacy As years have passed and
This will prevent visitation to illicit websites such as pornographic and gambling websites; prevent usage of ecommerce sites such as Amazon or Ebay; or to prevent the use of general recreational or social sites such as Facebook and Myspace. Other companies may elect, with all legal protection, to prevent any web navigation beyond those sites which are essential to conducting business. Why do companies implement e-mail and Internet use policies? Most
Employers may unequivocally monitor any message that utilizes company-provided email" (Sherman, 2007, pg. 649). Problems arise when the employer attempts other methods monitoring as Sherman notes; "The law is not clear, however, when an employer accesses an employee's webmail" (Sherman, pg. 649). Similar to the Deal v Spears case, the employer must take certain precautions in order to secure the right of monitoring. Many companies have developed policies and
This could be construed as a part of the atmosphere that exists in the work place. At which point, entity / individual can sue the employer for violating the law, by not properly monitoring their employees' email and internet activities. ("Workplace Privacy and Employee Monitoring" 2010) However, a larger concern that employers have is any email sent to someone by an employee can become a problem for them in the
Employee Privacy Avoid liability invasion privacy Essay Question: List discuss ways employers avoid liability invasion privacy. Essay 350 words length APA format. There -text citation essay. List and discuss different ways employers can avoid liability for invasion of privacy Employers often justify intrusions into employee privacy based upon safety concerns: concerns about jeopardizing the health of the public can be used to allow drug and alcohol tests. Even lifestyle habits may be restricted,
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