A man walks into his workplace thinking that it will be another normal day at work. However, his employer calls him into his office and fires him, on the basis that he had written offensive threats in an telecommunicate towards one of his bosses. The employee now files a wrongful discharge save alleging that the employer?s actions violated his right of privacy. The employee also states that the comp some(prenominal) had aware its employees that all email would remain confidential. The employer strike back by saying that he should have the right to have pertain in preventing inappropriate and unprofessional comments over the email system. The interrogation is who is right in this case. Does the employee have any privacy rights? This make is found in the 1986 Electronic Communications Privacy strike (ECPA), the only federal legislation that addresses this issue (Stellin 1996). This act states that ?it a federal crime for an individual to intentionally or willfully intercept, access, disclose or use anothers wire, oral, or electronic communication? (Hernandez 1996). However, the definition of Electronic Communication is specify as ?
any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system that affects interstate highway or foreign craft?(Hernandez 1996). This act does not defy to workers in a private business, because email in a private sector does not affect interstate commerce (Dichter 1996). Therefore, if there is no legislation that gives the right to an employee, then decide in each case has to act on a trial by trial basis, to determine whether the employer has the right to lever into the employee?s privacy. Although the Electronic Communications Privacy Act of 1986 conventional limits on employers ability to monitor their employees, a parvenue privacy act should be passed that explicitly addresses the...If you want to constitute a full essay, order it on our website: Ordercustompaper.com
If you want to get a full essay, wisit our page: write my paper
No comments:
Post a Comment