Assignment-1 LEG 500 Law, Ethics and Corporate Governance

Apr 30th, 2015
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Strayer University
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American employees have no expectation to have privacy in the workplace. Although the Electronic Communications Privacy Act of 1986 (ECPA) prohibits the “interception, disclosure or intentional use of wire, oral or electronic communications, including those which occur in the workplace without authorization”, there are some exceptions that allow employers to monitor their employees. If the employee give “consent” to be monitored, or the communications are accessible to the general public, the employee is not covered for the ECPA. Moreover, employers can monitor employees for business purposes. The ECPA prohibited employers to monitor personal calls or e-mails, but employers are allowed to listen or read part of the employee’s conversation in order to find out if it’s a personal issue.

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Strayer UniversityCoral Springs, FL CampusAssignment for Course:LEG 500 Law, Ethics and Corporate GovernanceSubmitted to:Professor Marlene Armstrong, Esq.Submitted by: Felipe Batistafbatis@terra.com.br954-5734169Date of Submission:May 26, 2011Title of Assignment:Electronic Surveillance of EmployeesAssignment #1 - Electronic Surveillance of Employees1. Explain where an employee can reasonably expect to have privacy in the workplace.American employees have no expectation to have privacy in the workplace. Although the Electronic Communications Privacy Act of 1986 (ECPA) prohibits the "interception, disclosure or intentional use of wire, oral or electronic communications, including those which occur in the workplace without authorization", there are some exceptions that allow employers to monitor their employees. If the employee give "consent" to be monitored, or the communications are accessible to the general public, the employee is not covered for the ECPA. Moreover, employers can monitor employees for business purposes. The ECPA prohibited employers to monitor personal calls or e-mails, but employers are allowed to listen or read part of the employee's conversation in order to find out if it's a personal issue.In West Virginia, there is an Act, named West Virginia Wiretapping and Electronic Surveillance Act that protects any person from surveillance. In Brad Bowyer v. Comfort Inn of Charleston (216 W. Va. 634; 609 S.E.2d 895; 2004

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