The sample case study presents a workplace privacy issue wherein e-mail communications and correspondence of employees at Johnson & Dresser were subjected to their employer’s scrutiny and ultimately used against them. More particularly, it touches on the issue of whether or not the employees are entitled to privacy in the workplace insofar as e-mail communication is concerned and what are the corollary duties of an employer in ensuring employee privacy rights.
As adequately established in the case study, Jason Perry’s suggestion that the employees should be notified that their email correspondence are being monitored and archived will make the affected employees less inclined to use e-mail. Thus, the productivity gains which the company intended to realize by adopting this technology would be lost. However, as also correctly pointed out by the company’s Chief Operating Officer (COO), the policy of archiving and inspecting e-mails also aided the company in uncovering insider trading scandal and in taking immediate action.
The COO’s motives, in this case, are not unlawful per se. After all, he is merely protecting the business interest of the company against unscrupulous employees. However, in order to justify the reasonableness of its policy, the company should have first informed the employees that their e-mails were being archived and inspected for future reference. In this case, the employees concerned cannot invoke reasonable expectation of privacy for the reason that they were, in the first place informed of the status of their e-mail correspondence.
Whether an employee acquired a reasonable expectation of privacy typically involves an analysis of the content of the employer’s policies and whether employees were put on notice of a lack of privacy, how and whether the policies were regularly enforced, the sort of privacy right involved, the nature of the employer’s business interest, the nature of the employee’s privacy interest, the type of information involved, the level of intrusion by the employer, to name a few (Gross, n.d. ).
In a list of decided cases, a number of courts have ruled that an employee has no privacy expectation in workplace computer files where company guidelines and policy explicitly inform the employee that no expectation of privacy exists (Muick v. Genayre, 280 F. 3d 741, 743 (7th Cir. 2002); United States v. Simons, 206 F. 3d 392, 398 (4th Cir. 2000).
Stated otherwise, if the employees were not informed of the company policy regarding interception and inspection of their correspondence, then reasonable expectation of privacy attaches such that the employer must not, as a consequence of his nondisclosure, be allowed to use such e-mails against his employees.
Gini, Al and Marcoux Alexei M. (2005) Case Studies in Business Ethics, sixth Edition. Upper Saddle River, New Jersey: Pearson Education, Inc.
Gross, Barrie. Reasonable Expectation of Privacy in the Workplace. Retrieved 14 Sept. 2008 from http://www. allbusiness. com/labor-employment/labor-regulation-policy-employee-privacy/8518785-1. html Lane, Frederick S III (2003). Naked Employee: How Technology is Compromising Workplace Privacy. New York: AMACOM. Muick v. Genayre, 280 F. 3d 741, 743 (7th Cir. 2002) United States v. Simons, 206 F. 3d 392, 398 (4th Cir. 2000)
Why Work with Us
Top Quality and Well-Researched Papers
We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.
Professional and Experienced Academic Writers
We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.
Free Unlimited Revisions
If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.
Prompt Delivery and 100% Money-Back-Guarantee
All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.
Original & Confidential
We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.
24/7 Customer Support
Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.
No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.
Admission Essays & Business Writing Help
An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.
Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.
If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.