Michelle Violates the Company's Policy and Her Essay

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Michelle violates the company's policy and her suspicions turn out to be unfounded, then Jerry can sue the company for violation of privacy rights as provided by Electronic Communication privacy Act and by various amendments under U.S. constitution. The ECPA clearly indicates that employers cannot intercept personal communication while they are allowed to view communication that happens occurs ordinarily in the course of daily work (Business law, p. 528). Secondly the company policy also clearly indicates that employees cannot expect privacy when using company email account but their privacy will be protected when using web-based email services. In this case, Michelle would be intercepting communication that occurred through a personal account and if she turns out to be wrong, she can come under fire. However there may be an exception to her situation based on reasonable suspicion. She can provide evidence of Jerry unstable condition and violent behavior which could have put some employees in danger and had already been a source of stress in the workplace.

Workplace violence is a potentially explosive situation which can put many lives in danger and also result in major problems for the employer who is responsible for hiring suitable candidates after careful background check. Failure to check the background can lead to violence in the workplace which can cause fatal accidents. Similarly the inability to pay attention to unstable behavior or signs of distress exhibited by an employee could also bring the employer under fire. For this reason Michelle has adopted the right approach and could use this to justify her actions.

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But Jerry could still have the law on his side based on violation of privacy rights provided under ECPA and the Constitutional amendments.

ANSWER 2:

Michelle cannot and must not refer to what she found in Jerry's personal email but she can take the following steps to confront Jerry and possible reach a suitable resolution.

a. Michelle must refer to recent examples of unstable behavior demonstrated by Jerry to first explain why she is concerned about his behavior.

b. Without mentioning any names, Michelle must explain that Jerry's behavior is causing stress in the workplace and hurting employees morale

c. She must carefully listen to the reasons that Jerry may provide and also the way he reacts to the accusations. If he becomes overly defensive, this needs to be noted because it can later be brought to attention if Michelle resorts to email interception.

d. All these steps must be taken for two important reasons: first they would give Jerry an indication that his behavior is not going unnoticed and he may therefore become more careful about his behavior in the future. Secondly it may also bring him to his senses in case; he is really planning revenge against someone. Thirdly, it may allow Michelle a chance to see if Jerry needs to see a psychiatrist and she may thus refer the case to the concerned people for further evaluation of Jerry's mental state.

ANSWER….....

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