Business Law Is Monitoring of Employee Emails Term Paper

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Business Law

Is monitoring of employee emails and internet use a violation of a person's constitutional right to privacy? This issue is explored in detail in a journal article by Mcevoy entitled "E-Mail and internet monitoring and the workplace: Do employees have a right to privacy?"

In this journal article Mcevoy (2002) discusses the constitutional right of privacy in the workplace, specifically focusing on privacy issues related to employee e-mail and internet monitoring on the job. Her standpoint is that employees should not expect a right to privacy in the workplace with respect to private email communications and internet usage. Her stance is backed by cases brought against employers by employees. More times than not, the employer wins thus is granted the continuing right to monitor employee use of company equipment.

More and more technology has enabled employers to monitor workplace activities, particularly activities employee's engage in while on the web or while using company computers. According to Mcevoy's article a 2000 survey conducted by the American Management Association showed that at minimum 66% of businesses in 1999 were using some form of worker surveillance to monitor employee's activities. That percentage rises to 74% if you include the number of employees monitoring internet use at work (Mcevoy, 2002).

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As technology allows more surveillance ability, it is only likely that employers will continue to invade an employee's privacy if an employee chooses to use business equipment to conduct personal business.

Is the constitutional right to privacy honored when it comes to workplace email? According to Mcevoy, most employees better think twice before sending private messaged at work using company email. Messages sent on most employers' equipment can legally be monitored. Many employers are purchasing e-mail security systems to monitor employees messaging while at work (Mcevoy, 2002). A study conducted by the American Civil Liberties Union estimated that more than 20 million workers in 2000 had their email communication monitored (Mcevoy, 2002).

Companies justify their monitoring activities using the law, claiming that they have the right to "bar personal use of office computers" for private e-mails and maintaining that they have the right to fire employees for conduct that they deem inappropriate, which might include sending personal email messages (Mcevoy, 2002). Most employees who have thus far brought privacy claims against their employers have lost (Mcevoy, 2002).

The law enables employers to monitor employees for the most part as long as they inform employees that the equipment is to be.....

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"Business Law Is Monitoring Of Employee Emails" (2004, October 10) Retrieved May 21, 2025, from
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"Business Law Is Monitoring Of Employee Emails" 10 October 2004. Web.21 May. 2025. <
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