Employee

Recruitment, selection, training and evaluating employees Section A I have been hired by Laurent Bank of Canada, as a consultant to assist in hiring employees for the Commercial Banking Branch located In Montreal, Quebec. Laurent Bank Is a Quebec regional bank that has been In operation since 1846 and their head office Is located In downtown Montreal. The bank offers retail and commercial financial services. I will be consulting for the hilling of employees working at a new commercial branch located next to Concordia University, in Montreal.

These employees will be working as Commercial Account Managers in the banking industry. The Laurent Bank Commercial Banking sector offers different types of loans for small business owners such as Credit Lines, Term Loans and Business VISAS. The Bank makes a profit by collecting the interest they have charged on each of their loans. The Bank is looking to hire 3 employees who have had previous experience working in the banking Industry as well as an educational background in Finance or Accounting, preferably at a University level (I. E. Bachelor’s Degree).

The newly hired employees will be responsible for managing a portfolio of existing business clients. They will also be required to bring In new clients to the Bank. Section B I will conduct the following job analysis to obtain Information on the skills, knowledge and ablest required for the Job: Identify and Isolate the component tasks Involved Examine how the tasks are performed Identify the main areas of responsibility Identify the working conditions I will use the 3 following methods to gather data from existing employees or sources to conduct my Job analysis: 1 .

Interviewing existing Account Managers: I would meet with a few current employees working in Commercial Banking and ask them specific questions about their Job. 2. Perform an online search: I would search inline on Commercial Account Managers in order to gain knowledge on the field and specific requirements. 3. I would obtain access to the weekly activity logs: All Account Managers are required to submit a weekly actively log to their superiors. This log contains detailed Information on the work that was done during the week.

Job Description: The Account Manager is responsible for structuring credits and addressing perceived risk. This includes completing necessary due diligence, establishing pricing and terms of credit, and also producing ongoing credit reviews and risk ratings that fleet knowledge of Bank policies and procedures. With respect to business development The Account Manager continually develops and broadens relationships with existing customers by cross-selling relevant and value added financial products and services. It is also a priority to build new relationships through referrals from customers and other sources.

Section C I will recruit prospective employees by posting the Job description on Social Networking sites such as Linked and Faceable. I will also use job search websites also post the available position in the careers section of the corporate website of Laurent Bank. Social Networking sites are good way to attract Job seekers since almost everyone use Linked and Faceable. The majority of the population is using a smart phone nowadays with these applications already installed. Faceable would help me do a background check on applicants by having access to their network of friends, activities and hobbies.

It would not, however give me much information on their education, skills or work experience. Linked is a more useful application for recruiters because its main use is to connect professionals through their work experience. Linked is an excellent calibration tool to help me assess the depth of the potential talent pool. The following 3 selections techniques will be used: I will compare the credentials from each candidate’s profile or posted resume; I will personally message those who I have selected and inform them on my decision to pursue an interview; I will also perform background reference checks on the candidates.

Comparing profiles between candidates will enable me to narrow down my search; however there is the possibility that I choose one candidate over another strictly based on the presentation of their online profile or resume. Sending a personal message to chosen candidates is good ways of letting the applicant know that we are interested. However, this method can also backfire when the applicant refuses to respond to the message in a timely manner, resulting in wastage of time. Background checks are always a good source for gaining insight on the applicant’s past work experience.

However, it is important to make sure you are speaking with the right person. It is not always easy to contact a candidate’s previous boss due to availability. Old Boss’ are not always eager to take the time out and speak about a past employee. Section D Once hired, the employees’ performance will be evaluated on a weekly basis. The Mentor or personal in charge of training the employee will be required to fill out a performance form. The form will contain several sections about the different tasks required for the role of an Account Manager.

The Mentor will grade each section with the following: A (achieved), F (failed), AN (non-applicable) and IP (in progress). This weekly evaluation will serve as an indicator of the employee’s progress. It will also clearly indicate the areas where the employee needs improvement. The following training methods will be used: 1 . Job Shadowing with an existing Account Manager. This will enable the new employee to gain insight on the day-to-day activities of an account manager. It will also give the employee to ask questions on specific tasks.

However, it can slow down the efficiency of Account Managers if they spend too much time answering questions. 2. Helping Account Managers with their portfolios. This will be both beneficial to the new and existing employees. New employees will gain experience by analyzing credit applications and financial statements. While the existing Account Manager will have more time work on other tasks and duties. However, the work submitted by the new employees will have to be revised by the Account Manager before submission. Section E The following 3 training programs will be used: 1 .

Moody Analytics Account Manager. New employees will be required to complete the Commercial Lending program that involves online lessons on the specific skills needed for this role. Financial statement analysis, risk management and business development are the three topics covered in the lessons. After every lesson, employees are required to complete an examination testing their skills learned. The scores from these exams ill be sent directly to the Mentor. This will teach the employee on the three most important skills needed for an Account Manager.

However, employees must be trusted to not consult other employees when answering the exam questions. 2. Financial Statement Analysis New employees will be given financial statements from new and existing clients to analyze. They will be required to calculate key ratios in order to determine the performance of the company in the current and past year. Financial statement analysis is a skill that must be mastered in order to be a successful Account Manager ND this is a good way to practice. The employee, however, might feel discouraged at first since all financial statements are different and can be very confusing at first. . Case Discussion New employees will be given the opportunity to discuss the risk associated with lending to the clients they have analyzed through financial statement analysis and job shadowing with an Account Manager. This will give a chance to new employees to express themselves and share their ideas. Some new employees, however, might feel too intimidated or shy to fully express their opinion. PART 2: Company Culture Section F I will advise leaders to help employees reach personal and organizational goals by pointing out the paths they should follow and by providing them with the means to do so.

They would need to show concern and support for subordinates. The leader should use a transactional leadership style, where they can clearly identify the needs of their followers and give rewards in exchange for performance. They can set goals and expectations, reward effort and provide feedback. Section G Commercial Account Managers often work out of the office, visiting clients, checking out loan applications, and soliciting new business. Account Managers may be required to travel if a client is out of town, or to work evenings if that is the only time at which a client can meet.

Employees in this role have the flexibility to work from home as well. Normal business banking hours are Monday to Friday from mamma to pm. An Account Manager manages his/her portfolio; therefore they usually manage least 37. 5 hours per week. Employees will be eligible for 4 weeks of vacation annually, however weeks must be reserved in advance to avoid too much vacancy at once. The office will be well located in central downtown Montreal. This will give employees the opportunity to take public transportation instead of driving their vehicles. It will also enable Account Managers to easily penetrate the commercial market.

The office building will be connected to an underground metro station, which will facilitate travel during winter. All account managers will be provided with their own work space in the form of an open concept cubicle. This will encourage teamwork and also enable employees to interact with each other more frequently. There will be private rooms that can be reserved for client meetings. Upper Management will have private closed offices. There will also be a board room for meetings and presentations. The thermostat will be electronically adjusted to provide ideal temperatures for winter and summer.

The lighting will be sufficient for desk work and each workstation will have its own computer, printer and telephone. There will also be a cafeteria open to all employees with a fridge and microwave. This will encourage employees to interact during lunch hour. I would be aware of the following psychological and social concerns: Job Autonomy and Harassment. I would assess the degree of satisfaction an employee has with their current role because it will be reflected in their reference. If the employee is not fully satisfied, they will feel exhausted with their role and eventually would not care to perform.

This could eventually lead to the employee leaving their Job. Harassment is very serious and must be handled severely. Employees who face harassment might be too intimidated to report it. If it is not handled immediately, it can lead to serious lawsuits towards the organization. The policies on harassment will be clearly explained to all employees upon Joining the organization. Section H Stress in the workplace often coincides with the following behaviors in employees: rower productivity, reduced motivation, increased errors, and increased turnover.

The role of an Account Manager often results in the following stresses: Role Overload. Employees feel there are too many tasks in too short time period. I would attempt to minimize stress using the following 3 programs: Improve communication 0 Share information with employees to reduce uncertainty about their Jobs and futures. Clearly define employees’ roles and responsibilities. 0 Make communication friendly and efficient, not mean-spirited or petty. Consult Employees 0 Give workers opportunities to participate in decisions that affect their Jobs. Consult employees about scheduling and work rules. Be sure the workload is suitable to employees’ abilities and resources; avoid unrealistic deadlines. 0 Show that individual workers are valued. 0 Offer rewards and incentives. As Employee of the Month. 0 Provide opportunities for career development. 0 Promote an “entrepreneurial” work climate that gives employees more control over their work. Cultivate a friendly social climate 0 Provide opportunities for social interaction among employees. 0 Establish a zero- tolerance policy for harassment. 0 Make management actions consistent with organizational values.

Economy of an individual is at the utmost priority of every democratic as well as welfare state. Since the dawn of human history, individual needs have been prioritized by every human being. These individual needs can be met by proper sources of employment. After the transformation of the world from a feudal to an industrial society, the needs of an individual have risen sharply, giving due importance to finance. In Pakistan, due to gigantic rise in population, individual finances have been disturbed a lot. This is because of rising unemployment. The major cause of unemployment in Pakistan are following.

The first cause of unemployment or joblessness in Pakistan is worsening law and order situation. Owing to this negative social phenomenon, foreign direct investment is sliding down to the bottom. According to the economic survey of Pakistan, in the current decade FDI was minimum last year. Also investors are loosing confidence in the political and economic system of the country therefore they are reluctant to invest in any new business venture. Resultantly, new jobs are not generating while the job seekers are rising continuously in the country. Secondly, Agriculture is account for the maximum job provision in the country.

Agriculture sector is facing severe challenges of water shortage, climatic changes and technological backwardness in recent years. These factors have hit the per acre yield negatively which caused loosing of jobs of several people. In 2009-10, agriculture showed a growth of only 2% against the target of 3. 8% while nearly 62% of Pakistan population is living in rural areas, and is directly or indirectly linked with agriculture for their livelihood. Thirdly, Industry is also a heaven for educated as well as semi-educated labour force in the country.

Pakistan industry is short listing its labour because of gradual decrease in demand as well as acute energy shortage. Energy shortfall crosses 5500 MW at time causing severe damage to production capacity. Fourthly, World economic depression coupled with American war against Terror has also put negative impacts on our economy. It has not only doubled our expenditures on military front but also defaced Pakistan’s image in international arena. These factors have put international investment in Pakistan at risk. Therefore, Pakistan is not attracting new investment causing unemployment in the country.

Fifthly, United States of America spent 368 billion in 2007 on research and development whereas Pakistan’s attention towards this sector is the least. By spending on education and research, we can create more specialized fields thus generating more jobs. In the 2010 budget, Pakistan has earmarked only 2% of its GDP on education which is the lowest in whole of the region. Sixthly, Population increase is also a cause of unemployment in Pakistan. Till 2010, Pakistan’s population is 173. 54 million wheras most of the population is unable to survive in the financial race because of illiteracy.

In Spite of these factors poor governance, deep rooted corruption, faulty educational system, lack of quality educational institutions and feudalism are also aggravating the situation further. Finally, we can hold the government responsible for the its poor performance in financial sector. Poor governance have marred the performance of our economic sector by every side and government has taken only cosmetic measures to redress the problem. Dr. Ishrat Hussain suggestions to improve the governance have been put on the backburner.

The United State’s National Labor Relations Act (NLRA) provides legislation that governs and provide for the rights of employees to form and join labor unions while at the same time providing an environment for collective dialogue between employees and employers (National Labor Relations Act, 2010). The NLRA provides for “the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection” (National Labor Relations Act, 2010).

A critical amendment to the act in 1947 popularly referred to as the Taft-Hartley Labor Act of 1947, provided loopholes where employers could ‘legally’ violate the right for the employees to either join or be actively involved in the activities of the labor organizations (Delpo & Guerin, 2009). Data from the National Labor Relations Board (NLRB) point directly to the fact that there is significant evidence that employers violate workers rights to be unionized.

It is also disheartening to note that some of the tactics employed by employers to deter workers from labor organizations fall within legal boundaries, while some tactics fall in the grey areas of the law, which are simply legal provisions that can not be explicitly interpreted or implemented. This paper will discuss some of the tactics used by employers to discourage workers from forming or joining labor organizations. Presented herein are also some of the effects that this may have to the employer. Threats of workers being discharged from their duties or actual lay-offs are the most common tactics used by employers.

A study based on the Chicago Representation Campaign (CRC) in 2002 indicates that approximately 30% of employers discharged their workers from their duties for either joining or participation in labor organization activities (National Labor Relations Act, 2010). These statistics seem to be replicated elsewhere around the world, at least according to the study carried out by Bronfenbrenner in 2000. In this particular survey, workers’ jobs have been terminated in at least 25% of campaigns worldwide (National Labor Relations Act, 2010).

The ill motivation behind such acts of firing workers is to create fear within the existing workforce with the sole aim of discouraging participation in labor organizations. A significant number of employers issue ‘plant-closing’ or relocation threats in order to discourage employees from supporting unions (Delpo & Guerin, 2009). In this age of global financial and economic instability, employers seem to be justified when they inform their employees on possible organizational restructuring, cuts in production or even eminent closures.

Some of these restructuring strategies are however aimed at discouraging workers from participation in union activities. Such threats will more often than not make even the most committed unionized worker withdraw support from unions. In a bid to undermine the efforts of employees joining labor organizations, some employers do promise their employees that working conditions would improve significantly (Delpo & Guerin, 2009). Similarly, some employers even go out of their way to offer special favors that might entice their employees, for instance some initiate unplanned salary increments for their employees.

When such promises of better working conditions and salary increments are coupled with other anti-union campaigns by the employers, increased rates of withdrawal from labor organizations are usually realized. More standardized and seemingly formulaic approaches are now being used by employers in their ever non-relenting bid to deter workers from becoming unionized. One of such approaches has been the use of outside consultants and law firms to press their anti-union agenda.

In Chicago for instance, at least 82% of employers were shown to have used either a law firm or a labor relations consultant for this course in the year 2002 (Delpo & Guerin, 2009). Many workers are of the opinion that this strategy has become successful due resources and expertise dedicated to the anti-union campaigns. Would the employer ultimately benefit by discouraging employees from joining labor unions? In my opinion, the employer will not benefit. One integral pillar in effective service delivery by workers in any institution is job satisfaction by the employee.

Such satisfaction stems from the ability of the employee to freely participate in legal and constructive activities, including participation in labor organizations. Employees are well aware that it is their legal right to form or join labor organizations since it is through such organizations that their rights at the workplaces are guaranteed. When a situation arises that seems impede them from exercising such rights, then employees will automatically drag in service delivery at the workplace, either through go-slows at work or even strikes.

These strained relationships impact negatively on the activities of the institution, for instance they might result in low production and missed targets. In conclusion, it is unconstitutional to deny individuals their rights, including the right to association. Appropriate amendments on labor legislations that are geared towards overseeing the welfare of the employees should also be put in place. References Delpo, A. , & Guerin, L. (2009). The Essential Guide to Federal Employment Laws. Berkeley: Nolo. National Labor Relations Board. (2010). National Labor Relations: What we DO. Retrieved May 17, 2010, from http://www. nlrb. gov/

Does the presence of these magazines constitute the sexual harassment of Ms. Stanley? The presence of adult magazines in the shelves of Dairy Mart Toronto Ohio does not constitute sexual harassment of Ms Dolores Stanley because there is an absence of continuous and undesirable request for sexual favors or advances from a fellow employee, subordinate or supervisor. Sexual harassment may be in form of verbal or physical act which is sexual in nature. However, in the case of Ms. Stanley, she accused the company for sexually harassing her by selling adult magazines which are normally sold by convenience stores in the US.

It was like accusing the company for doing its business. 2. Which fact about this case weakens Ms. Stanley’s claim that she is a victim of sexual harassment? What weakens Ms. Stanley’s claim is the fact that there was no sex-oriented verbal or physical abuse to support it. She displayed unprofessionalism by letting her personal values and beliefs interfere with her job. Selling adult magazines is a common practice among convenient stores and this segment continues to the sales and revenues of the company. Legally speaking, there are no laws that prohibit the selling of these printed materials in convenience stores and supermarkets.

Case 2: “Technological Equipment Corporation” 1. Ethically speaking, is Eisenfeld a victim of sexual harassment? If so, then what kind(s) of harassment has he been subjected to? Stefan Einsfield is sexually harassed by his colleagues through intentional verbal and physical abuse in the workplace. Ethically speaking, Williams and Evans abuse him through unwelcome comments in sexual nature, offensive sexual materials, or unwelcome physical contact. This type of sexual harassment is called Hostile Environment Sexual Harassment where in such actions are regarded as normal and regular part of the work environment.

2. Compare and contrast this case with the more stereotypical cases in which female employees are subjected to treatment that is similar to that to which Eisenfeld is subjected here. Most women experience a different type of sexual harassment. The common type of sexual harassment experienced by women is the Quid Pro Quo harassment where in offers for job benefits or job advancements are offered in exchange for sexual favors. Normally such scenario happens between a woman subordinate and her male supervisor or manager.

It is more of a barter set up where in sexual advances are traded for financial gain and career growth. For Eisenfield, he had nothing gain from the sexual harassment he experienced. Instead, he was forced to work in a workplace where in casual sex is common and accepted by the employees and management. Case 3: “Without Recourse” 1. Is this a case of sexual harassment? Why or why not? Jane can be considered as a victim of sexual harassment. Obviously, Mike want to have a personal and intimate relationship with Jane, however, Jane prefers not to mix business with pleasure.

She refused the advances and invitations of Mike. Her decision resulted to the agitation and turmoil of Mike. Without recourse, Mike continued to pester Jane and when he cannot get want he wants, he opted to seek revenge by tactically criticizing her work and performance. However, this is yet to be proven and validated. If Jane’s performance did not meet the standards of the company as claimed by Mike, this scenario cannot be considered as a sexual harassment case. Instead, the criticisms of Mike can be validated as coincidental and unintentional but purely a part or context of his job responsibilities.

Inconsistent attendance of an employee is considered a grave problem to all companies. Although it may be initially regarded as a small deal, an employee who shows up for work late can jeopardize the productivity and morale of the entire company. The problem of late employees can damage the company’s business in several ways as it slow down the production, cause legal troubles, or cause dissatisfaction to other employees (At Will, n.d.).

When there was a late employee, our manager usually reacts in a productive manner. The management presented the issue to the late employee in the framework of how it concerns the entire company. The company sees to it that the employee acknowledged his or her behavior. A plan was then developed by the company that emphasizes behavior changes to the said employee.

The specific solutions to the problem that the employee needs to conform was documented by both parties. However, in cases when it becomes clear that an employee is incapable of improving punctuality by reason of personal issues, the case was then forwarded to the human resource department of the company for disciplinary action.

There are several ways to address the employees tardiness problems in a positive and proactive manner. Like the manager in my previous company, I would deal the problem by creating a work environment where performance and expectations are clearly defined. With this approach, it is expected that employees deviate towards tardiness. As a manager, it is also important to demonstrate behaviors that are being implemented in the company. This would truly supplement good work attitudes to the subordinates.

As a manager, the issues that are negatively affecting the company must be addressed. Although the apprehension of losing a competent worker may be a factor which would prevent in addressing the problem, the tardiness attitude seldom go away, and generally becomes aggravated if no action is accomplish. Thus it is best to confront employees by positively pointing out the impact of being late on the company’s capability to succeed.

Reference

At Will Employee.com. (n.d.) Reasons to Terminate a Problem Employee. Retrieved July 21,     2008, from http://www.atwillemployee.com/problem-employee.html

ASDA’s Farnborough store has problems with low employee motivation. Staff motivation is extremely important to every business but even more so to a company such as ASDA in the retail industry where staff are in direct contact with the customer. Staff in the retail industry play a very important part in the service the customer receives and therefore the reputation of the company. Staff are also essential for the day to day running of the store and if staff are unmotivated they will not work as well.

There are many reasons for the lack of motivation within the store and I will identify and suggest solutions to each. These include poor benefits, lack of training, lack of responsibility, too much responsibility, staff shortages, high staff turnover, poor management and lack of recognition. All of these problems are leading to lower motivation and therefore a lower standard of work. Staff motivation should be a high priority to any retail company because low motivation can cause many problems.

First of all with low motivation nothing will improve without something being done therefore the situation will gradually deteriorate. Low motivation could cause a poorer level of customer services, problems regarding quality, high staff turnover causing recruitment problems and ultimately sales will drop as more and more customers are affected. ASDA’s statement regarding motivation is “Getting things done, with and through others, willingly and well. ” Taken from www. ASDA. co. uk. In short the problem is to find the best solution to low motivation by tackling the individual areas mentioned above.

Background Knowledge Many people believe that they are motivated simply by money, however this is not entirely true. There are many other factors like the workplace and the need to be appreciated for their work. A factor, which effects motivation, is that every person has different needs and so in-order to achieve good motivation every employee’s needs need to be found. This is shown in how lack of motivation causes reduced effort and lack of commitment. A good way of meeting these needs is to involve employee’s in discussions so that they feel recognised and wanted.

Another good method is to discuss targets and goals together and then give the employee something to work towards. In 1954 Abraham Maslow identified five classes of needs these included physiological needs, safety needs, love and belonging, esteem needs and self-actualization. The needs, which Maslow identified at the bottom of the pyramid, are based on basic needs concerned with survival, and these must be satisfied before a person can go to the next level. Maslow argued that although everybody is capable, very few actually reach this level. Objectives

I will set several objectives for my projects to ensure that nothing is overlooked and to ensure that my project is focused on solving the problem at hand, similar to the reasons why businesses set objectives. 1. I will conduct both primary and secondary research in order to collect a range of data relevant to the problem. I will gather information regarding ASDA’s recruitment procedures, any problems with these procedures and if they could lead to poor motivation. I will look at benefits that ASDA staff are offered and the hierarchy of the store to see if the problem lies there.

I will also collect feedback from staff regarding their opinions and what benefits they actually receive ad why they feel staff may be unmotivated. 2. I will provide a solution to any problems which are causing low motivation and evaluate their feasibility, the ease of implementation, their effectiveness, any weaknesses with my solutions and arguments for and against other possible solutions. 3. I will identify the underlying problem and provide a solution to it. 4. I will be as unbiased as possible throughout the whole project.

These objectives have been set out as a framework for my project and will serve as a checklist in my evaluation to determine the success of my investigation. My objectives do not represent my project in its entirety and as I continue I may well find that I encounter problems that I did not anticipate which therefore would not be included in my objectives. Objectives are made in advance and therefore are subject to change as new situations arise. I will need to conduct research before anything else however I must ensure that the information I will gather is relevant.

I know where the problems lie in motivation at ASDA through personal experience however in order to avoid bias ill will ask a wide range of questions allowing me to clearly identify the main causes of de-motivation. My only timescale for the project is the coursework deadline. When I have collected all of my data and can present it in an easy to interpret form I will use my topic knowledge on motivational theories and apply it to my case.

Research My secondary research is all obtained from the ASDA website(www. Asda. co.uk) and as I use any of the information I will point out where I got it from. On the website I gathered information on ASDA’s recruitment, training, rewards, recognition and employee feedback policies. These policies are imposed company wide however it may be that these policies are at fault or that they are simply not being implemented and if not why not? I have decided to conduct questionnaires for my primary research simply because this is the most effective way of me reaching the staff and I enables me to structure the questions how I want.

I will conduct the questions on a one to one basis with each member of staff. I chose to conduct the questionnaires personally rather than mailing them etc because it guarantees I get the number of results required and it could prove difficult obtaining addresses of staff therefore it is much more convenient to conduct the questionnaires personally for both parties. This also enables the subject to ask questions about obscurities etc, although I will design my questionnaire to be as user friendly as possible.

There are disadvantages in using questionnaires to conduct my primary research such as it is very time consuming and is subject to bias from me. As a precaution against bias I will let the subject fill out the questionnaire without prompting, disturbing or rushing them allowing them to make their own unbiased decisions. The questions that I have included in my questionnaire are designed to clearly identify the main problem areas in a way I can present so that I can use my business knowledge to provide a solution.

Should Companies Have The Right To Monitor Employees’ E-mails And Phone Conversations? Employees watch out when using communication, whether e-mail or phone, at work, you never know who may be listening. Should companies have the right to monitor employees’ e-mails and phone conversation? Most studies believe that they, employers, do have the right to monitor the e-mail and phone conversations of their employees, as long as they are notified of the fact. There is a tremendous amount of literature on this issue but it all seems to lean towards the right of the employers.

The most notable law enacted law that allows employee monitoring was in 1986. It was the 1986 Electronic Communications Privacy Act (it. ojp. gov). Although the actual service providers are not allowed to monitor communications it does allow employees to monitor communications. Most cases brought to court by employees have a tendency to be decided with the employer, reiterating the employer’s right to monitor communications. There was a federal bill in 1993 to 1995 that would have made it illegal for employers to monitor employee communication without first notifying them (privacyrights. rg). But, it failed; it didn’t even have enough weight to come up for a vote. In the growing tide of worker sexual harassment cases via e-mail, and inappropriate subject matter being exchanged via e-mail, between employees, employers have more issues than ever that they need to protect themselves from litigation for. In a case involving the e-mail monitoring of an employee (Smith vs. Pillsbury Co. ), the employee was actually dismissed, due to the fact that he sent an e-mail to another worker stating that “kill the backstabbing bastards” referring to members of sales (Perritt).

E-mail and Internet monitoring of employees is stated to be increasing more every year. At the time that the law allowing it was enacted, 1986, approximately thirty-six percent of employees were monitoring e-mail and Internet of employees. It is estimated now that more than half of all employers monitor their employees e-mail and Internet communication. In essence, these electronic pieces of equipment belong to the employers and the employees are only using them for the express purpose of the work being done.

Misuse of e-mails or even web browsing, reflects poorly upon the company and its productivity and leaves the company open to litigation. Take into consideration the numerous charges in the news of police that have been dismissed for pornography found upon their computers. This is a very graphic example of misuse of electronic equipment. Not to mention the potential for this same inappropriate material being sent to other employees via e-mail. It is believed that more than two-thirds of employers in 2007 were monitoring e-mails and web browsing.

That number was predicted to increase every year and it is believed that more than half of all employers do so now, or have software that does it for them. Imagine for instance the employee that spends hours on the phone chatting with buddies instead of doing the required work. This translates to profit lost through this inappropriate time spent on the phone. It is not necessarily lawful for the employer to monitor personal phone calls (Watkins vs. L. M. Berry & Co), but they are allowed to, even though there are restrictions upon employers monitoring personal phone calls (Manning, Rita C).

In the issue of employers monitoring employee phone calls—that are not customer calls—federal law allows for employers to do this, unannounced, with the exception of personal phone calls. But in the area of personal calls they do have options that make it lawful, especially if they warn against personal calls beforehand. Although, when they are monitoring calls of employees with clients they are required to disclose that they are to the clients, they must state that they are possibly monitoring this phone call.

Some would argue that the monitoring of e-mail sent from work, especially personal e-mails, is inappropriate. The same people would argue against monitoring of web browsing of employees. They believe that just because someone becomes your employee doesn’t mean they give up all their privacy rights. In one instance, it was argued that if an employee wrote a note to a friend with a work pencil and paper would this make it applicable to monitoring by the employer, as it was written with their pencil and paper.

This is what employers are arguing when they state that they an employee is using their electronics, so therefore monitoring is applicable. Still others would argue that privacy in the workplace is a moral matter (Michael J. Meyer, SCU Professor). “they are entitled to respect, which requires attention to their privacy. If a boss were to monitor every conversation or move, most of us would think of such an environment as more like a prison then a humane workplace. ” But in the case of phone calls or e-mails some would believe that (William Parent, “Privacy and Morality and the Law”) here should be put in place criteria for determining which invasion of privacy is justifiable. William Parent proposes that the employer should apply six questions to review whether their act of monitoring is allowable or not and that this would offer guidance. But most would agree that while it is legal for employers to monitor, it does not make it right. Realistically, most workers are at work sometimes more than forty hours per week. So if they take the time to make a personal phone call during that huge length of time, should they really expose themselves to possible dismissal?

Then there are those employers that are unafraid to state that they are against losing their employee trust by means of monitoring. Scott Paddock, manager of PC Brokers stated, “…if I spent time monitoring their web usage, I would be just as guilty of wasting time as my behavior implies they are. ” (Everyday Surveillance: Vigilance and Visibility in Postmodern Life). Numerous reports of trust are noted in reports that have debated the issue of employer’s rights to monitor phone conversations. Rita C.

Manning of Journal of Business Ethics was quoted as saying, “What is missing in these communities is trust”. But trust notwithstanding, due to the recent and well publicized news on inappropriate communication practices in the workplace through viewing of pornography, sending pornography via e-mail, and receipt of pornography, monitoring is showing itself to be a needed commodity for employers. Should employees have the right to monitor employees’ phone and e-mail? Yes, they should, unfortunately.

The possibility of misuse—evident from recent news reports—gives them the right to protect themselves from any possible future litigation. There are valid arguments for and against the workplace monitoring of employee e-mails and phone calls. Those that are for it, tend to feel that because workers are on company time and using company property, they should be subject to monitoring while using these resources. Those that don’t agree with this view believe that a person’s right to privacy does not end at the workplace. They believe that wherever a person is, they have the right to privacy.