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Electronic communication privacy act of 1986
Paper on Electronic Communications Privacy Act of 1986 (ECPA
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Employee monitoring can be a useful tool for employers who have employees that may be violating their user access agreement. According to the Electronic Communications Privacy Act, the computer system that the employer provides is owned by the employer and therefore the employer is free to monitor almost everything that computer system is used for. This can include the employee’s internet searches, emails[,] and even keystrokes being monitored. Some employees may feel violated that they can be monitored to such an extent, however, if an employee is using their employer’s equipment, they should expect limited privacy. Employees should always familiarize themselves with all user access agreements and employee code of conducts that they are …show more content…
Employers may choose to monitor employees to protect the company for the following reasons. “Monitoring advocates provide three basic justifications: (a) protecting the firm from liability risks, (b) protecting company assets, and (c) ensuring job performance.” (Smith, W. P., & Tabak, F. 2009). If an employee engages in illegal activity on the computer system assigned to them, this could create liability risks for the employer. This is why it is necessary for employers to have employees sign user access agreements and at times, to also monitor employee’s activities. A company also wants to prevent assets being made public knowledge without their permission. This could be pertinent for a company that deals with sensitive information. Ensuring job performance can be handled many ways. There are such practices such as extensive job training, performance improvement plans[,] and micro-managing, to help assist with ensuring job performance. Employee monitoring is another way for an employer to ensure job performance. If a supervisor or manager suspects that an employee is not spending their time on their computer system, productively working, then monitoring that employee’s use of the computer system is a useful tool, to ensure job …show more content…
There are many ways that employees can be monitored by their employer. This can include drug testing, personality testing [,] and control over the employee’s email, phone calls[,] and internet usage (Mateja, G. 2017). If an employee is believed to be using drugs, they can be referred to a doctor for drug testing and if found to be using, this could be grounds for termination. Email and computers can be monitored for all user activity and the employer can discover what their employee is doing throughout the workday. Telephones may be monitored for outgoing/incoming calls, times[,] and dates of calls made and/or received and the duration of the conversation. Employees can also be routinely monitored on their work performance. This can include the manager discussing the employee’s work with them in the employee’s presence or the manager may choose to view the employee’s work, when the employee is not present. Another way of monitoring an employee’s work is using checklists or requesting written reports by other employees in the office such as other managers or supervisors. (Amsler, G. M., Findley, H. M., & Ingram, E. 2015). Since there are many ways an employee can be monitored in the workplace, an employee should be sure to adhere to all policies and procedures of the company they work for, to be sure that all rules and regulations are being
In Fitbit for Bosses written by Lynn Stuart Parramore she talks about how bosses want to start monitoring their employees. Parramore shows her discomfort with this idea. She thinks that “big money seems poised to trump privacy”(Parramore). Which basically just means that for bosses is that money is over everything even privacy. Allowing bosses to monitor their employees is dishonest and manipulating.Some researchers have also found out that increasing surveillance has caused the decrease of productivity. Researchers warned them that the data can have big errors and people that look at the data that the fitbits can cherry-pick the information that supports their beliefs and ditch the rest of the information that leads to racial profiling. “Surveillance makes everyone seem suspicious, creating perceptions and expectations of dishonesty.” Workers will become dehumanized“(Parramore), it prevents them from experimenting and exercising the creativity on the job.” A woman from California filed a suit against her former employer because he forced her to to install a tracking app on her phone. She had to have it on her phone 24/7 or else she would
However, this definition covers privacy and protection from government. To work productively, especially when the work may be physical, it is nearly impossible to keep one’s privacy. The relationship between employer and employee is based on a contract. The employee provides work for the employer and in return he is paid. If the employee cannot provide services because of problems such as drug abuse, then he is violating the contract.
Employee Monitoring: Is There Privacy in the Workplace? . (6/3/2004)
One of the significant issues that frequently evident by the organizations is the privacy policy related to workers. According to Wright (2013), the utilization of workplace drug testing policy by the employers might affect the workers' behavior outside the workplace.
There are certain guidelines and standards that each employee should be aware of, and expected to follow. This is what is normally used to measure a person’s job performance. When not living up to these qualifications, an employee may a gentle reminder of his failure to comply. If held accountable for unacceptable behaviors, it will often turn this performance around. If not, after a certain amount of warnings, it becomes obvious that this person does not take his job very seriously, and therefore may be dismissed.
Sometimes there is no middle ground. Monitoring of employees at the workplace, either you side with the employees or you believe management owns the network and should call the shots. The purpose of this paper is to tackle whether monitoring an employee is an invasion of privacy. How new technology has made monitoring of employees by employers possible. The unfairness of computerized monitoring software used to watch employees. The employers desire to ensure that the times they are paying for to be spent in their service is indeed being spent that way. Why not to monitor employees, as well as tips on balancing privacy rights of employees at the job.
One type of surveillance is employee monitoring. Many employers monitor their workers’ activities for one reason or another. Companies monitor employees using many methods. They may use access panels that requires employees to identify themselves to control entry to various area in the building, allowing them to create a log of employee movements. They may also use software to monitor attendance and work hours. Additionally, many programs allows companies to monitor activities performed on work computers, inspect employee emails, log keystrokes, etc. An emerging methods of employee monitor also include social network and search engine monitoring. Employers can find out who their employees are associated with, as well as other potentially incriminating information. (Ciocchetti)
Performance management aims to manage and improve individual performance with a vision to improving performance across the entire business. [Walter. M, 1995] defines performance management as the process of ‘Directing and supporting employees to work as effectively and efficiently as possible in line with the needs of the organisation’. It is very important to direct and support employees to work efficiently, and this can only be successful if a well-structured performance management system is put in place. But, nonetheless some organisations don’t get it
In that case, having a check on all the text messages that the employee receives and replies to can give you the sense whether the concerned employee is indulging in some information leaking activities or not. Required procedure to monitor is: Open Control Panel> Click on “Text Messages” option, here you will find all the text messages of the target device. Also, if you are looking for any particular text message then can search it from search tab present at top right corner of the Control
One of the most important resources of any organization is its employees, the human resource. This makes it very important that these resources are properly managed; so that they thrive and grow along with the organization. People stream defines performance management as “A process for establishing a shared workforce understanding about what is to be achieved at an organizational level. It is about aligning the organizational objectives with the employees’ agreed skills, competency requirements, development plans and the delivery of results. The emphasis is on improvement, learning and development in order to achieve the overall business strategy and to create a high performance work force”. The performance management process involves various stages such as goal setting, skills development, performance measuring against the set goals, mentoring/coaching to enable employees to focus and achieve their goals followed by assessment of performance and any further development plans as required. Let us look at these steps one by one.
Performance management is used for the basis of promotion, reduction in force purposes (talent management), gives transparency of what an organization is looking for, merit increases, and lastly it provides protection against lawsuits for unlawful termination by keeping written documentation. Performance evaluations are advantageous to both the organization and the employee. A leading advantage of performance evaluations is it gives the employee an opportunity to create and achieve smart goals. Although performance evaluations primary function is to measure whether an employee is a good fit or a bad fit for the organization, its function is so much a broader. Performance management is tool purposely used to motivate employees to examine themselves and determine if they have selected the profession that is best for them; consequently the feedback an employee receives from their superior supports them with increase their knowledge and
In Australia, Employers should implement best practice on how to maintain privacy in the workplace in accordance with the privacy standards set out in the Australian Privacy Principles (APPs) (Welcome to the Fair Work Ombudsman website. n.d.). Privacy is able to keep our own personal information private and also able to do things without any electronic monitoring in the workplace. Nowadays, many company increased the usage of technology such as internet and email in the workplace. This can create issues in privacy. When employees’ access to web browsing activities during working hours, the employer can be scrutinized it. Employers take this action due to fear lawsuit if employees act in inappropriate ways. Therefore, the best policy is to explain clearly how is appropriate to use email and internet at work and outline what type of use is prohibited in the workplace. Besides that, employer also needs to ensure the employee didn’t disclose or disseminate any important information to the competitors or
But, these laws always changing, depending on the work setting or policies set by any specific organizations. Because there are so many different work environments, each claim of privacy has to be evaluated based on the actual conditions of the workplace (Smith & Burg, 2015). This is why policies must be set according to the CEO needs. If the organization does not allow the use of the internet for any personal use, than the employee must follow such guidelines. This eliminates employee privacy right violations, because the policy will informs them of the monitoring during the hiring
Performance management is a continuous process that creates a working culture to encourage employees to improve their work performance and reach their full potential during their stay of employment. Performance Management also provides strategic direction, develop competency in employees and instill organization value. This paper will identify methods and affects that performance management plan has on the organization and their employees.
As an employer, one must be prepared for the possibility of an internal workplace investigation. The manner in which these investigations are handled is of the utmost importance to all parties involved. The employer has the obligation to conduct a fair, legal, and timely investigation, without bias. Many investigations are the result of direct or indirect notification that harassment or discrimination has occurred. Investigations may also be warranted due to suspicion of substance abuse, theft, threatening remarks, etc.