Tuesday, October 22, 2013

IUP Law Suite

                      Most companies would agree that having an IUP (Internet Usage Policy) document integrated into their work. An IUP allows the company to monitor their employees emails, web searches, and even key strokes.  Content Technologies launched software called Pornsweeper that examines images attached to e-mails and searches picture files for anything that appears to be human flesh. SpectorSoft Corp., a Florida-based software company, released a monitoring program that takes surreptitious "screen shots" of employees' computers at selected intervals for employers to view at a later date. From a business point of view having something like this increases productivity, and helps terminate employees who are not willing to follow the rules.  But how do employees feel about a document that now doesn't allow communication with loved ones, or for the employee to simply take a break. I found a law suite from the employees point of view and although he doesn't win, he does draw some interesting points of violation of privacy.

               Michael A. Smyth was a regional operations manager at the Pillsbury Company. Smyth had a company email account that he was able to access from work and home. Pillsbury, on multiple occasions, told its employees that all email communications were private, confidential, and that there was no danger of the messages being intercepted and used as grounds for discipline or termination. In October 1994, while at home, Smyth received emails from his supervisor and, thinking his replies would not be intercepted or used against him, made threatening comments. Pillsbury intercepted the emails and, despite the previous assurances made to the employees, terminated him. Smyth brought a wrongful discharge suit against Pillsbury, claiming that his right to privacy had been violated when his emails were intercepted.

                Although Michael's law suite brought him no justice, it does make you wonder. What if you were in his shoes and arguing with your employer. What if your boss decided to send you messages that were unpleasant and when you sent something back in anger the message was read in the wrong text or perceived as being harmful and you lost your job. I understand that this man made a threat but what is the limit with employers?

6 comments:

  1. As a virtual technical support rep, I work from home and we have a remote company desktop that we have to log into from our personal computers to perform our duties. Even though we've been told by the company that they only monitor activities performed on the remote desktop, I personally make it a point to never engage in anything that might jeopardize my employment while I am logged in and taking calls. Yes, we have a right to privacy but it also makes sense that when we are working or using company resources, that we try to do what we are being paid to do. Lets look at it from the company's standpoint for a minute. If you are the owner of a company, how much leeway would you be willing to allow your employees when it comes to internet use? Would you be so flexible even at the cost of loss of productivity and profitability?

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    1. I agree with you. That while being at work you should only engage yourself in activities that pertain to your job duties. It's hard to say what I would do if I were an employer. I would like to think I wouldn't try to invade the privacy of my employees when it comes to internet use but I do believe that there should be some sort of monitoring. If there were an issue with certain employees on loss of productivity and profitability I would have to look at that closer and possibly implement new training for them or even fire the employee.

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  2. I have to say that I don't think employees have any real right to privacy when they are using company resources, especially when at work. Your employer isn't paying you to surf the internet or send personal emails. They are paying you to get the job done. If you want privacy you should use your own personal electronic devices and email accounts. For any amount of time that you are using company resources you should remain professional and work on things that pertain to your job. Private time is to be had on your own time. When someone is paying you to be at work your time belongs to them. That's what they are paying you for. Unless you have a dire emergency, personal things can wait until you get home. And everyone has a smart phone now a days, if you really need something why not just use your phone? That is your own personal resource that your employer has no right to. Think about it this way: If you were paying someone to do a job for you, wouldn't you want the right to monitor their activities and make sure they are doing a good job? Wouldn't you be mad if they were busy on Facebook instead of doing the work they are paid for? I know I sure would.

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    1. I must disagree with you. It doesn't make sense for employees to be doing their job just because their on a company computer or at work. If you believe that it's okay to use your smart phone to get on Facebook or update your Twitter then it's the same as using a company computer. Misusing the internet is complex. You can misuse the internet on your smartphone just as easily as you can on a work computer. The real issue here is if the internet browsing is hindering their work, if what they are looking at is harmful to the company or its employees and also if it is appropriate information. I would be frustrated as an employer if I found out that my employees were spending more time on personal issues than what I paid them to do at work. But like I said there are a number of aspects to take into account before you jump to conclusions as an employer.

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  3. I personally think monitoring an employee's use of their computer in this way is a good thing. To me, if a person isn't looking at things they shouldn't be at work, then there isn't really a need to be worried with this. I understand that some people need to take a break from time to time while at work, but today, most business professionals have another device they can communicate with, such as a smart phone. I know that some places have also placed website blocks in the Wi-Fi provided for their offices, blocking sites such as YouTube. I don't believe this is necessarily a bad thing either. If a person wants to surf the Internet for something that is blocked on the Wi-Fi for the office, they can always turn off that wireless capability. There are so many distractions online today that can truly prevent employees from getting their work done. As younger generations have grown up with computers, many have almost built up a dependence upon surfing the Web. Cracking down on this personal use during work is a necessity for companies wishing to maintain their work ethic.

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    1. I like that you mentioned how the younger generation has become increasingly dependent on the internet. I agree that cracking down on personal use during work is a necessity. But also there have been many studies that show that when certain employees look online it gives them a break and allows them to relax their mind so when they continue their work they are rejuvenated. I feel that if this is true then employers should make standards so that if an employee needs a break they should clock out and take a break to relax their mind or do it on their lunch break. This should be a privilege!!! I'm not saying that every employee should have such a privilege, this must be earned and the employee should show their employer that their productivity is not being effected and that these breaks are actually increasing productivity and helping employees enjoy work that much more.

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