Business Law: Part 2 Law Essay Researech Paper Coursework

Business Law: Part 2
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Does Paula have a right to privacy when using Capstone Corporation e-mail system? Discuss one’s right to privacy and relate it to the facts in the scenario.
Paula does not have the right to privacy when sending personal mails via the company’s e-mail system. The Electronics Communications Privacy Act (ECPA) permits employers to monitor how electronic equipment is used in the workplace. In this case, the e-mail system and the computer that Paula was using belong to Capstone Corporation. Since it is a company’s belonging, the employer is entitled to monitor how the computer is used, what it is used for, when it was used, and even evaluate any search history that may be found on the computer. Other than monitoring communication equipment, employers are also entitled to search the workspace of their staff, including their lockers, desk, and office (Twomey and Jennings, 2016). The right to search the workplace is attributed to the fact that the space belongs to the company thus employees should not expect privacy in such areas.
However, there are some laws also that protect employees’ privacy at the workplace. The Electronic Communications Privacy Act (ECPA) prohibits companies from monitoring or listening to employees’ telephone conversation. This prohibition applies to whether the conversation is through the company’s telephone or the employees’ telephone. Under ECPA, employees face legal liability if they disclose, read, delete, or prevent employees from accessing voicemail messages. However, employers still have significant control over employees’ personal conversation because the ECPA does not prohibit companies from limiting employees’ telephone conversations. As a result, the majority of the employees are only allowed to engage in telephone or e-mail conversations during lunch breaks. Employers can also monitor employees’ conversations if they get consent from the employees.
Indeed, employee's privacy at the workplace is a controversial legal subject, especially with the increased use of emails and computers. However, based on the scenario, two points stand out. Did Paula give her employees the consent to monitor her conversations? Based on the case scenario, she did not give her consent. As such, it may seem that the company violated her right to privacy. However, all the employees, including Paula, were aware of Capstone Corporation’s communication policy that barred from using the company’s computers and e-mails for personal purposes. As an employee of Capstone Corporation, Paula was aware of this policy and she violated it immediately she used the company’s e-mail for personal communication. Therefore, Paula does not have the right to privacy when using the company’s e-mails. If she takes legal action against her boss and the company, she will lose the case due to misconduct and the violation of the company’s communication policy.
Can Paula be legally fired from her job for making negative comments about her boss and her company on social media? What about free speech? Discuss these issues and relate them to the facts of the scenario.
Any employee, includi...