Violating the company privacy policy


Case Scenario:

As the layoffs progressed in Michelle Wong's department, things did not go very smoothly. Despite repeated assurances that Polar Health will take care of the laid off employees, give them up to two months notice to prepare their exit, provide six months of free medical coverage, and pay for additional training and an additional one month of severance pay for each year of service, there are still several employees who are showing signs they are quite unhappy and are beginning to drag down the morale of the staff.

Michelle has had a nagging suspicion about Jerry Parker and the confrontational manner in which he has been behaving lately. Jerry has been known to fly off the handle at times, make borderline derogatory comments to coworkers, and often acts in a very condescending manner toward his team. Michelle is quite happy to finally be able to get rid of Jerry and wishes the two-month schedule for the layoffs were already over so Jerry would stop making everyone miserable.

Michelle has become quite concerned with Jerry's outbursts in the last week or so. His temper has become worse, and several members of his team have complained to Michelle that Jerry's tirades are stressing the department. Rumors have also surfaced that Jerry is refusing to accept his layoff and has made ambiguous comments to one coworker hinting at retribution.

Polar Health's privacy policies expressly forbid use of the company's email account for personal use but allow employees to use company computers and networks to send and receive personal emails during lunchtime or other breaks. Polar Health's employee manual clearly states that there is no expectation of privacy in using the company's email account but does guarantee each employee their privacy when using a Web browser to check their personal emails and also send and receive emails during breaks and off hours.

Michelle has been monitoring Jerry's use of the company email account and everything seems to be normal. However, in one particular email to an unknown recipient Jerry alludes to revenge against "you know who" and promises to follow up with more information at lunch from his personal email account. Michelle contacts her IT department and verifies that the company's networking specialists could capture the personal email communications that Jerry sends and receives using company equipment.

Michelle is torn, however, since such an act would violate company policy. At the same time though, Michelle is concerned for the potential damage Jerry might inflict on Polar Health and, given his unstable temper and egotistical stance, the potential danger he may pose to her or other executives in the company.

Critical Analysis

Problem 1. If Michelle violates the company privacy policy and it turns out that Jerry was not planning anything serious, under what circumstances would he be able to sue the company for violation of his privacy? Why or why not?

Problem 2. What steps should Michelle take to effectively deal with Jerry? (These steps need to fall within statutory law and ethical standards of the organization.) Explain your rationale for each step Michelle should take.

Problem 3. As you look back at your career, think about the various situations you have encountered that may have had an ethical component of which you were not conscious at that time. Since hindsight is 20/20, how would you respond differently based on this course? Describe the situation and how you reacted at that time.

Problem 4. Based on your experiences describe how you will go about managing your employees differently in the years to come.

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Business Law and Ethics: Violating the company privacy policy
Reference No:- TGS02016184

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