What are the general rules regarding privacy and use of technology?
Does “The Electronic Communications Privacy Act of 1986 (part of the Omnibus Crime Control and Safe Streets Act, 18 USC sec. 2510 et seq.” apply and how specifically?
Pick a specific state and Discuss how that state handles the issue of an employer monitoring its employees’ use of company computers, cell phones and emails?
Do employees have a reasonable expectation of privacy in, e.g., an email they might send at work? A website they might visit, perhaps? How could your policy deal with this?
Be sure and make a distinction in your memo between government employees and private employees as to privacy rights.
Use a minimum of two HR/legal references to support your conclusions.
Here are a couple to get you started.
State Social Media Privacy Laws
Employee Privacy Rights: Everything You Need to Know
Discussion Topic Option #2 – Employee Comments on a Public Blog
Situation – You have learned that an employee is writing a publicly-accessible blog. The employee is using their own name, and the name of the company. In the blog the employee makes accurate and humorous comments on fellow employees – who you easily recognize from the descriptions. Some of these comments are unflattering.
Address the following questions:
What advice would you provide the CEO of the company? Consider in your advice – Should the CEO respond or not to the blog? Why or why not? And if so, what should blog say?
What actions, if any, should our CEO take against the blogger?
What specific actions should the company take to protect its brand?
Pick a specific state law and is it applicable and if so why and if not, why not?
Use a minimum of two HR/legal references to support your conclusions.
Discussion Topic Option #3 – You-Tube Employee Comments
Situation: Your boss comes to your office. He has just seen a YouTube video. A single person appears in the video. Although he appears in the shadows in an effort to hide his identity, the boss clearly recognizes who it is. The person names the company and makes disparaging remarks about the boss and the company. He also complains of unsafe conditions – some of which you know or strongly suspect are true. The person recently received an unfavorable performance evaluation. The boss wants to fire the employee immediately. You have attended an HR conference and learned that the NLRB has spoken on this subject.
What advice would you provide to your boss?
What information from the National Labor Relations Board (NLRB) said on the subject that you would include in your discussion with your boss?
What does a specific state law say on the issue?
Reminder: Use a minimum of two HR/legal references to support your conclusions.
Here are a few resources to get you started.
National Labor Relations Board
State Social Media Privacy Laws
NLRB Acts against Firm that Fired Employee for Posting Disparaging Comments on Facebook
REMEMBER — YOU MUST SELECT TWO OF THE THREE SITUATIONS PRESENTED AND POST.
You only need to respond to 2 classmates this Week Seven (7).
