Discussion #1:
Please watch this video https://www.youtube.com/watch?v=crVXbMcp9oY&t=3s https://www.youtube.com/watch?v=crVXbMcp9oY&t=3s
Then complete the following questions and use the articles below as references.
Situation – As the HR manager, draft a memo for review by senior leadership that will be sent to employees about the company policy on privacy and the use of technology (such as company computers, cell phones, emails, and other internet access) by employees.
In your memo discuss the following issues:
- 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.
- http://www.ncsl.org/research/telecommunications-and-information-technology/state-laws-prohibiting-access-to-social-media-usernames-and-passwords.aspx
- https://www.upcounsel.com/employee-privacy-rights
Discussion #2:
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.
https://www.nlrb.gov/
http://www.ncsl.org/research/telecommunications-and-information-technology/state-laws-prohibiting-access-to-social-media-usernames-and-passwords.aspx
http://main.vma.bz/insurance/nlrb-acts-against-firm-that-fired-employee-for-posting-disparaging-comments-on-facebook
