Business Employment Law Hernandez V. Case Study

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It is hard to argue with the legitimacy of that consideration.

Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances.

The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner and for a fact that is business related.

There are some basic rules that employers should remember when considering the use of hidden cameras or surveillances equipment. These include:

They must notify employees and others in the workplace about areas that are under video surveillance, in order to reduce any expectation of privacy

They have to avoid placing video cameras in locations where video surveillance is prohibited by law, such as restrooms, locker rooms, or rooms designated for the changing of clothes

They must exercise caution when installing video cameras in non-public areas of the workplace, such as offices, remembering that audio surveillance is subject to different and often greater restrictions than video surveillance

What can and can not be done is a very fine balancing act that must be looked at and investigated very thoroughly before being carried out. I agree that both the business and the employees should have some protection in regards to privacy.

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A business owner should have the right to protect his livelihood and if they best way to do this is by using video cameras and surveillance equipment, then it should be allowed, but not without restrictions. The restrictions should be put into place in order to make sure that all employees are treated fairly and consistently in regards….....

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