How much information should be collected on employees and prospective employees? Collecting information presents risks that employers will be faced with when employees commit torts outside the scope of their jobs. Also, not collecting the proper information could result in risks depending on the case. These questions will be analyzed based on collected data and employer actual or constructive knowledge. In order to precisely elaborate about the risk and such, I will look at the employee monitoring at work, Electronic Communications Privacy Act of 1986, and respondeat superior.
In the United States, there is no direct legality of protection of privacy rights. However, the United States Constitution includes what could be defined as protection of privacy rights. There are certain area specifics of privacy that is protected by the Constitution. These are the first, fourth and fifth amendments. The first amendment protects the freedom of religion, speech, the, press, and association. The Fourth Amendment protects against unreasonable search and seizure. The Fifth Amendment protect United States Citizens from self-incrimination.
In this particular case, the firm collects a wide variety of information on its employees. For current employees, the focus is through workplace cameras, monitoring internet traffic through workplace computers, GPS tracking on employer vehicles. Prospective employees are analyzed by pre-employment personality tests and background checks. There are certain guidelines as far as what information can be collected and used against an employer. Focusing more on employer monitoring at the workplace would give a better insight on what can and cannot take place. Further, we will look into the risk that employers could face for collecting information on employees or prospects.
Depending on the individual state law, it may or may not be legal. Generally, employers monitor their employees when activities become suspicious or when there is a reasonable situation that occur to cause employers to monitor past, present and/or future behavior of employees. In order to prevent employers from facing legal penalties, they would need to openly notify employees of the monitoring. In addition, employers must have the consent of employees for the monitoring process to take place. If employer neglect to inform employees before monitoring, they could create major legal issues for themselves. This is why it is essential, to make employees aware that they will be recorded, monitored, and watched so that there is no confusion or shock. Knowing what
Another factor to be included in employers having the ability to record on workplace cameras is placing cameras in public areas. Installing hidden cameras are not legal. Employers cannot install a camera in areas that include, but not limited to restrooms, locker rooms, or dressing rooms. In these areas, employees have reasonable expectations to believe that their privacy should be protected from being on...