“Case Study”

Conflict over Privacy in the Workplace

There is tension between companies and their employees over privacy in the workplace.
Some companies track employees via company-issued GPS-enabled smart phones and
monitor employees’ behavior through social networking sites such as Face book and
Twitter. Currently, there are no laws preventing companies from monitoring and
tracking employees. Companies believe not monitoring these platforms leaves them
vulnerable to misconduct. For instance, the Internet increased the number of
distractions in the workplace, and some employees may spend up to 30 percent of their
time at work using social media sites for non-work purposes. On the other hand,
employees argue they have a right to their privacy. They see tracking as a clear sign that
their employers do not trust them. Another major argument is that employers with
access to employee social media sites or Smartphone might be able to monitor employee
activity outside the workplace.
 Where is the line drawn on ensuring employees are working appropriately versus
their rights to privacy?
 Companies should have right to track employees through company
smartphones and monitor their personal Facebook and Twitter accounts.
Generally, companies have the right to monitor their employees use of the Internet
(including visiting social networking sites such as Facebook and Twitter accounts,
checking e-mails, and instant messaging) on computers owned by the employer, during
employees on-duty hours. Although federal laws prohibits employers from
discriminating against a prospective or current employee based on information on the
employee's social networking site or personal blog relating to their race, color, national
origin, gender, age, disability, and immigration or citizen status, employers can and do
use information on such websites as a method of conducting background checks.
Employees should therefore be conscious of what information they display on social
media websites. So you can check and balance on it.
When a company monitors an employee’s social media account, they are not only
protecting themselves, but their employees as well. It is important to be aware of what
your employees are posting on the Internet because posts can travel so fast via the web
that it could potentially promote or destroy a company within minutes. Monitoring
activity will allow everyone within the company to be on the same page and share the
same values. Not only will monitoring help keep a company on track, but it can
potentially be used as a way of recruitment for companies as well.
Companies monitor their employees to ensure that no harm is being done within the
workplace. A professional business wants to be viewed exactly that way; professional.
If an employee makes statements that are malicious or harmful to the employer’s
business reputation, this could potentially lead that employee down a very difficult
path due to the social media privacy laws put into place. Companies are not allowed to
request or demand personal account login information from employees. The only
reason an employer should have access to an account is if, and only if, a potentially
legal issue within their policy reaches the surface and needs direct attention.

 Employees should be able to maintain their personal privacy and not be

tracked through their company smartphones in their Facebook and Twitter
accounts.
The ethical implications of monitoring an employee’s social media are too high to risk
monitoring. Ethical culture established by a company exists in a manner to reflect
integrity of decisions made. A company that monitors an employee’s personal activities
without an employee’s knowledge or a vague contract that the employee signed to
withdraw any rights from privacy is a violation of integrity. The ethical implications of
monitoring social media deals with the values and norms that have been established.
The company displays a lack of trust of an individual when there is a 24/7 monitoring
of their private life outside of work. Monitoring is a “fishing expedition”. The private
lives of employees’ are their right and when an employer fishes for any display of
negative behavior to discredit an employee creates a conflict of interest. Employers
should have the ability to trust an employee because of the ethical culture established,
along with the values and principles.
Employees have the right to keep private facts about themselves confidential and
the right to some degree of personal space. An employer that discloses private facts or
lies about an employee may be held accountable in a civil action for invasion
of privacy or defamation.