Explore BrainMass
Share

Employment Law: Invasion of Privacy

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

List and discuss different ways employers can avoid liability for invasion of privacy.

© BrainMass Inc. brainmass.com October 25, 2018, 8:45 am ad1c9bdddf
https://brainmass.com/law/business-law/551640

Solution Preview

The standard used by the courts in cases of privacy invasion is the reasonableness standard. The courts will ask if there was a reasonable expectation of privacy. If the answer is yes, the act is likely illegal. This is based on the actual act committed by the employer. For example, if the company has a women's locker room, there is a reasonable expectation of privacy. A camera that catches ...

Solution Summary

This solution discusses different ways that employers can avoid issues related to an invasion of employee privacy.

$2.19
See Also This Related BrainMass Solution

Important Aspects of Employment Law

1. Explain the elements of the claim of intentional infliction of emotional distress. Quote the actual elements of the claim and cite your source. Try to use the "best" source for your citation. (The textbook is not the best source.) Add a follow-up sentence(s) in which you explain what one of the elements means in practical terms. Summarize a case in which that claim was charged. What was the result? (Use the textbook and/or the Internet to help you find additional information and a case.)

2. A research analyst for the Indiana Department of Corrections was told that she would have to submit to a psychological examination in order to keep her job. She took the exam, which lasted two hours and contained many questions related to details of her personal life. She sued, claiming that the test violated her constitutional rights. What should the court decide (your opinion)? Why? After writing your initial thoughts, use the Internet to look up the case. What was the actual decision, and why? (Greenawalt v. Indiana Department of Corrections, 397 F.3d 587 [7th Cir. 2005])

3. Performance evaluations are important tools for managing performance. However, they can also easily be mismanaged by supervisors and employees alike. The situation becomes more combustible when employees first do a self-evaluation followed by a formal evaluation from the supervisor.
Co. Sigma Inc. gives employees annual evaluations. The manager can rate each employee as Exceeds Expectations (EE), Meets Expectations (ME), Partially Meets Expectations (PE), or Horrible Employee (HE). Employee Bill turns in his self-evaluation and has himself as an EE in all 10-performance categories. Supervisor Mary reviews the self-evaluation and is troubled. She believes he is an EE in 2 categories, but is an ME in 6 categories, a PE in 1 category, and an HE in 1 category. She wonders how such a disconnect could exist between how he views himself and reality.
a) What could have caused this disconnect?
b) How should she go about remedying this situation?
c) If she just goes ahead and gives him all EEs even though he does not deserve them, what problem(s) might this create?

4. Should an employee have an expectation of privacy relative to electronic communications when sending personal emails from the company computer? What if the employee used the company computer to access his/her own Yahoo email account; should the employee have a reasonable expectation of privacy regarding personal emails sent through his/her personal email? To take it a step further, should the employee have an expectation of privacy as it relates to text messages sent from a company issued Blackberry? Defend your response with references to at least two sources from the following: court case(s), articles from reliable/authoritative authors.

View Full Posting Details