Consitutional rights Bus 415

Essay by lov3joy November 2007

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Baderman Island is a virtual organization that is a resort destination that includes a restaurant, hotel, and many activities for guests. Within these virtual organization potential constitutional rights issues exit. In this paper we will examine the right to privacy, both over the telephone and by using video surveillance cameras, and employees' rights to freedom of speech.

Right to Privacy on the TelephoneEmployees have a limited amount of privacy when making or receiving telephone calls at work. In many states, it is legal for companies to monitor employees' calls as long as the employer makes the monitoring practices clear to their employees. Companies, such as Baderman Island monitor the calls of their employee's for many reasons. First, Baderman Island like many other companies, has asserted that the telephone is company property; therefore, the company has the right to monitor it (Moses, 2003). Other reasons are to evaluate personal use, quality control, and to avoid litigation.

When employees make personal calls, while on the job, it costs the company directly. Not only does the company pay the bill they also pay the employee while not working. Companies monitor calls as a quality control mechanism to make sure employees are doing the job they are paid to do while speaking with clients. Companies also have a growing concern with litigation where telephone calls are playing a larger role in solving lawsuits and other legal investigations.

The only area where an employee has privacy rights occurs when they are making a personal call. Personal calls that are made even on company time cannot be monitored or recorded. However, if the employer has a policy stating personal calls are not permitted during business hours then the employer can discipline the employee upon knowledge of the activity. Employers do not, however, have the right to...