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Legal consequences of employee theft
Legal consequences of employee theft
Surveillance technology
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Employers these days are becoming more and more concerned about employee theft and are making sure that they minimize these kinds of activities by using sophisticated and high-tech devices. However, it is essential to be honest about the actions and it is equally important to provide privacy in any kind of workspace. In case 9.3, Jean Fanuchi is a manager of a shopping mall in jewelry department. Since there were many recent incidents of theft and shoplifting, she decided to install hidden cameras and microphones without her employees knowledge. Since Jean Fanuchi invaded her employee’s privacy and dignity by doing something without letting them know, Jean Fanuchi acted immorally.
According to Shaw, a costume jewelry department had a large amount of shrinkage from last three consecutive months (pg. 376), which made the department manager - Jean Fanuchi - worried. Since Jean found no evidence of damages or improper handling, she assumed there had been in house theft by employees. As a result, she decides to install hidden cameras and microphones without letting the employees know about it. Even though they had no success catching the thief of the jewelry department with the help of installed cameras and microphones, they successfully catched employees who were selling marijuana, planning to quit without notice, and getting fake food stamps (pg. 377).
If I were an employee working in this jewelry department and if someone tells me that I am being watched secretly with hidden cameras without my consent, then I would probably get offended because I would feel that this store does not trust my honesty. Similarly, If I were in place of Jean Fanuchi, I would not want my employees being monitored without his or her consent. ...
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...n our US constitution, “the forth amendment protects citizens from unreasonable search and seizure by the government, both state and federal”(Thomas, 2008, page 122). If an employee finds out that he or she is being monitored with hidden camera, then he can sue Jean Fanuchi and claim with a case of invasion of privacy because privacy is a citizen’s right to have in any kind of workspace according to our constitution.
Another reason Jean can be held liable for is for the extra information she gathered during the surveillance.
Works Cited
Dillon, Thomas, Arthur Hamilton, Daphyne Thomas, and Mark Usry. "The Importance of Communicating Workplace Privacy Policies." Employee Responsibilities & Rights Journal, 20.2 (2008): 119-139.
Hertenstein, Edward. "Electronic Monitoring in the Workplace: How Arbitrators Have Ruled." Dispute Resolution Journal, 52.4 (1997): 36.
Adam Penenberg’s “The Surveillance Society” reminds Americans of the tragic events of September 11, 2001 and the instant effects the that attacks on the World Trade Center had on security in the United States. Penenberg discusses how the airports were shut down and federal officials began to plot a military response. Although those were necessary actions, they were not as long lasting as some of the other safety precautions that were taken. The Patriot Act, which makes it easier for the government to access cell phones and pagers and monitor email and web browsing, was proposed. Politicians agreed that during a war civil liberties are treated differently. From there, Penenberg explains that for years before September 11th, Americans were comfortable with cameras monitoring them doing everyday activities.
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
Is the American government trustworthy? Edward Joseph Snowden (2013) released to the United States press* selected information about the surveillance of ordinary citizens by the U.S.A.’s National Security Agency (N.S.A.), and its interconnection to phone and social media companies. The motion picture Citizenfour (2014), shows the original taping of those revelations. Snowden said that some people do nothing about this tracking because they have nothing to hide. He claims that this inverts the model of responsibility. He believes that everyone should encrypt Internet messages and abandon electronic media companies that track personal information and Internet behavior (op.cit, 2014). Snowden also stressed to Lawrence Lessig (2014) the importance of the press and the first amendment (Lessig – Snowden Interview Transcript, [16:28]). These dynamics illustrate Lessig’s (2006) constrain-enable pattern of powers that keep society in check (2006, Code: Version 2.0, p. 122). Consider Lessig’s (2006) question what is “the threat to liberty?” (2006, p. 120). Terrorism is a real threat (Weber, 2013). Surveillance by social media and websites, rather than the government, has the greater negative impact on its users.
If is ever morally permissible for the State to secure information about past events, then it is morally permissible for it to do so through the use of surveillance devices.
A short background on the laws concerning surveillance will help clear up some misconceptions on the NSA. Back in 1968, the Wiretap Act protected citizens from the government listening to their phone call...
NLRB has ruled the issue of surveillance camera should be covered under the list of mandatory bargaining during the collective bargaining process. The reason that this subject is included is because the existence of surveillance camera is considered a material change to the employee work environment. If employees know they are under constant surveillance may experience feelings of fear or anxiety. Even though the NLRB uphold the rights of employers to install camera to reduce theft and monitor employee misconduct, it also recognizes that this issues jeopardizes job security so it should be negotiated in good faith. Since bargaining in good faith does not require agreement then the fact that it is included as a mandatory subject does not mean that the employee cannot continue to use surveillance cameras. The issue of mandatory bargaining subjects is still a flexible issue regulated by the NLRA and the court system. Mandatory subjects during the collective bargaining process provide the framework to start the negotiation process between management and
Technology has developed in leaps and bounds over the past few decades. The case is that the law always has difficulty keeping pace with new issues and technology and the few laws that are enacted are usually very general and obsucre. The main topic of this paper is to address the effect of technology on privacy in the workplace. We have to have an understanding of privacy before trying to protect it. Based on the Gift of Fire, privacy has three pieces: freedom from intrusion, control of information about one's self, and freedom from surveillance.1 People's rights has always been protected by the constitution such as the Fourth Amendment, which protects people from "unreasonable searches and seizures". As said by Eric Hughes, "Privacy is the power to selectively reveal oneself to the world."2 As written by Supreme Court Justice Louis Brandeis in 1928 is the right most valued by the American people was "the right to be left alone."3
Privacy and Rights In The Work Place. Houston: University of Houston, College of Business Administration, 1998.
2) It is getting ever easier to record anything, or everything, that you see. This opens fascinating possibilities-and alarming ones.”
Papacharissi, Zizi, and Jan Fernback. "Online Privacy And Consumer Protection: An Analysis Of Portal Privacy Statements." Journal Of Broadcasting & Electronic Media 49.3 (2005): 259-281. Communication & Mass Media Complete. Web. 24 Nov. 2013.
Security cameras can be found all over the mall from stores to the food courts to ensure safety. If we go back to six-seven years ago there was a shooting in the Muskogee Oklahoma mall didn’t have those cameras for proof of evidence the man convicted of shooting a child and other people would have a long trial but since they did they had all the proof they needed.
Champion, D 2011, ‘White-collar crimes and organizational offending: An integral approach’, International Journal of Business, Humanities, and Technology, vol. 1 no. 3, pp. 34-35.
An example of the pros and cons of privacy in the work place while during the hiring process is in 2012, a company in Maryland decided to ask job seekers to log into personal profiles and search through wall posts. As this is becoming more of trend many creative ways to monitor the posts. Another example within this sector is the athletic program at the University of North Carolina, “Each team must identify at least one coach or administrator who is responsible for having access to and regularly monitoring the content of team member social networking sites and postings”
The following memorandum written by a director of a security and safety consulting service discusses a critical issue effecting business in our economy today, that of employee theft. "Our research indicated that, over past six years, no incident of employee theft have been reported within ten of the companies that have been our clients. In analyzing the security practices of these ten companies, we have further learned that each of them requires its employees to wear photo identification badges while at work. In the future, we should recommend the uses of such identification badges to all of our clients." The issue of employee theft is a broad problem and has different labels to identify it, shrinkage for the retail industry and hidden profit loss in the technology sector are serval examples of common terms used for employee theft. The author of this memorandum presents several data points and suggests one recommendation to effect the issue of employee theft based on a sampling of the client population.
Hughes, Kirsty. "A Behavioral Understanding of Privacy and Its Implications for Privacy Law." Modern Law Review 75.5 (2012): 806-836. Academic Search Complete. Web. 6 Apr. 2014.