Running head: THE CLASH BETWEEN EMPLOYEE RIGHTS AND EMPLOYEE MONITORING !

Case Analysis: The Clash Between Employee Rights and Employee Monitoring
Melissa M. Dailey
Oklahoma Wesleyan University

THE CLASH BETWEEN EMPLOYEE RIGHTS AND EMPLOYEE MONITORING !

Summary
Advancements in technology have made employee surveillance and monitoring affordable
and easily implemented for large and small business alike. There are no set guidelines for organizations to follow when monitoring employees, instead there is a subjective and somewhat ambiguous reasonable expectation of privacy doctrine. Even areas that seem to be beyond reasonable expectation of privacy, such as restrooms, can still be legally permitted as long as the employer can demonstrate dire need for surveillance. Employees do not need to be made aware of
the surveillance taking place. When made aware, employees may feel violated and may decide to
take legal action against the company. Employees who are aware of surveillance from beginning
of employment may exhibit poor morale.
Both parties are faced with a problem: organizations have a need to monitor productivity,
and employees have a need for privacy.
What ways beside electronic monitoring are available to managers to determine productivity?
There are many ways how productivity can be measured depending on the type of labor.
Managers should set clear expectations of productivity for each employee (perhaps as part of
their initial performance appraisal process). Only the productivity of those that fall below the
stated expectation should be reviewed in more detail.
One aspect of the HR function is to hire employees whom the organization can trust. If managers feel compelled to spy on employees to reduce employee theft, is HR failing at its job?
Not different to social trust, organizational trust is built on a relationship. It is difficult and
naive to place full trust on someone who we barely know. There are many reasons why an employee would hurt an organization and many ways to do it. It is prudent for every organization to

THE CLASH BETWEEN EMPLOYEE RIGHTS AND EMPLOYEE MONITORING !

have some surveillance methods in place, for both the protection of the organization and the employee. Surveillance software is more than just an employee spy, it increases safety, deters
theft, prompts good behavior, and provides evidence of a crime. (Bryant, 2006).
Employees whose job is to talk on the phone and who are aware that their manager may be listening or watching them have reported high incidents of physical pain. Do you think that these
managers are hurting productivity by monitoring their employees?
No. Phone monitoring protects the employee in case the client on the other side makes
false claims about the employees performance. That particular form of stress is caused by strict
standards imposed by the manager and not the monitoring itself. Managers should establish reasonable expectations of performance, and the employee should have an input on these expectations.
Should it be illegal for software companies to market stealth surveillance products?
No. Surveillance products that can run on stealth mode are frequently used as a personal
security measure. If the thief can see the surveillance software, he or she can eliminate it. If a
crime has occurred, it is easier to prove what actually took place using recordings of the video
surveillance footage. (Bryant, 2006). An employee or customer may describe the events differently than occurred and stealth surveillance can prove the actual events. Surveillance tools such
as cameras have been justified by employers on the basis that they have a positive obligation to
ensure their workplace is safe. (Cripps, 2004). Employees cannot avoid surveillance software
if they do not know where it is located and how it operates.
Surveillance software is a necessity in the workplace. There are pros and cons to monitoring, whether in stealth mode or not. In some instances the software does not provide greater

THE CLASH BETWEEN EMPLOYEE RIGHTS AND EMPLOYEE MONITORING !

benefits if it is in stealth mode, employees should be made aware of the software then. In the instances when surveillance software in stealth does provide greater benefits, employees can still
be informed of surveillance, just not which type.

THE CLASH BETWEEN EMPLOYEE RIGHTS AND EMPLOYEE MONITORING !

References
Bryant, L. (2006, October 12). What are the pros and cons of monitoring employees using video
surveillance?. Video Surveillance Guide. Retrieved January 11, 2012, from
www.video-surveillance-guide.com/monitoring-employees-using-video-surveillance.htm
Bryant, S. (1995). Electronic Surveillance in the Workplace. Canadian Journal of Communication , 20(4). Retrieved January 11, 2012, from
http://cjc-online.ca/index.php/journal/article/viewArticle/893/799
Cripps, A. (2004, November 1). Workplace Surveillance. New South Wales Council for Civil Liberties. Retrieved January 11, 2012, from
www.nswccl.org.au/docs/pdf/workplace%20surveillance.pdf