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Performance or Privacy Essay
Performance or Privacy Assignment
One of the most pertinent issues that employers have to deal with is how best to monitor the off-duty activities to satisfy legitimate business or organizational needs without being accused of violating employees' privacy rights. At the heart of legal and privacy issues particularly in the age of technology lies the issue of whether or not monitoring of employees by their employers amounts to an invasion of privacy. While employee monitoring has the benefit of protecting trade secrets and confidential business information and detecting improper behavior among employees such as data breaches and negative perceptive behaviors, it raises legal concerns for employers as it may under certain circumstances amount to a violation of privacy hence attracting damages from lawsuits (Ella & Lewis, 2016). Employee monitoring in the workplace where an employee uses the employer’s equipment such a computer to send emails may be legally monitored by employers.
However, an employer may not legally monitor employees’ off-duty activities that do not concern the employees’ employment. Unless the employees’ activities are directly related to the employer’s legitimate business image and needs, then an employer may have a legal right to monitor employees (Chanen, 2008). But even then, this kind of employee monitoring must be restricted only to those activities that affect the business needs of the employee. Thus, the employer may not place a blanket restriction on what an employee can do while off duty or seek to monitor every aspect of an employee’s off-duty life (Yerdy, 2013).
The Electronic Communications Privacy Act of 1986 also makes illegal the intentional disclosure, access, or interception of any electronic, oral, or wire communication. According to the Act, the only exceptions to this rule are where the employee has given their consent and where the conversations occur during the ordinary course of the employer's business. .....................GET A PLAGIARISM FREE COPY