In this scenario, explain if you believe the employer violated the employee’s “invasion of privacy”

Assignment Details

An employee was fired for visiting non-work-related Web sites after his supervisor used an application to extract his Web browsing history. The employee subsequently sued, challenging his termination on several grounds, including invasion of privacy. Concerning this cause of action, he claimed his firing offended his right to privacy. The defendant had a policy that addressed the issue “Acceptable Use Policy.” That said, the employer could monitor the computer usage on company time.

• In this scenario, explain if you believe the employer violated the employee’s “invasion of privacy” cause of action.

• Describe a time when you felt your privacy in the workplace was violated.

I do not believe the employee violated the employees' rights. When you are at work, the company's computer should be used for work related tasks. Most employers let you know straight away what the computer use and or cell phone policy is when you do orientation. If the policy had been discussed beforehand with the employee, there was no invasion of privacy. As outlined in the lesson, 'Employment Laws' the human resources director has to be hands on in making sure employees are aware of company policy in regard to these types of employee issues. The employee also needs to speak up and ask questions if there is any misunderstanding as to the use of a company computer for non-work-related searches (M.U.S.E. Employment Laws. 2002.)

Another reason I do not believe the employee should have sued is because the security issue involved. There are some jobs that have secure data or customers' private information on file. If an employee visits an unsecure website or clicks on a link by mistake, a company could be held liable if a customers' information is hacked. With so many internet scams out there now, you really have to be careful on any computer. Everyone's privacy could potentially be violated if an employee goes on a bad site.

Some companies have a more relaxed policy when it comes to computer use for personal reasons. I feel you should use your best judgement. With internet access so readily available with watches, cell phones, and tablets, there is really no need to use the company computer, especially if you know it is against company policy. I do not have a personal experience of invasion of privacy, but I can relate since so much of work now is tied to the internet.

Reference

M.U.S.E. My Unique Student Experience. Employment Laws. PEC 2022.

• In this scenario, explain if you believe the employer violated the employee’s “invasion of privacy” cause of action.

Anytime I have started a new job the policy in regard to not using company computers for personal use is pointed out. By accepting the requirements of the job, this is one of the stipulations. I believe the employer did not violate the employee’s privacy as the company computer is not the employee’s private property. The computer belongs to his or her employer and the employee was aware of the company’s policy in regard to the acceptable use policy. The employee was aware the employer could monitor their computer usage on company time.

There are laws to protect employee’s privacy such as the Privacy Act of 1974. This states that employees have the right to request their employment records and to request changes to those records. Agencies are not allowed to disclose information on the employee without the consent of the employee unless there are exceptions to the disclosure that apply. The Act allows the employee the right to change their records if they are not accurate, relevant, timely, or complete. They are also protected from unwarranted invasion of privacy that results from the collection, maintenance, use, and disclosure of their personal information. Agencies are not allowed to disclose information about the employee without their consent unless certain exceptions apply to the disclosure.

• Describe a time when you felt your privacy in the workplace was violated.

A time when I felt my privacy in the workplace was violated was when a post that was made to Facebook by a friend of mine that included me in the picture was brought to my attention by my boss and HR. I explained to them that the photo was not during work hours and in no way affected my job duties.

The Privacy Act of 1974 // . The Privacy Act of 1974. (n.d.). Retrieved July 13, 2022, from https://osc.gov/Pages/Privacy-Act.aspx