Case 142: Online Privacy and Employment
1. Were the employees treated in a legal manner? Specifically, should these types of
communications be protected by the federal law? Were the employees’ right to
privacy violated pursuant to New Jersey law? Was there expectation of privacy for
these Internet communications a “reasonable” one? Why or why not?
In my opinion, they were treated in a legal manner. According to the case, employees must
now be aware that their computer and phone use on their employers’ communications
systems can be monitored legally. Therefore, management had every right to fire the
employees. However, I do believe that these types of communications should be protected
by the federal law since it violates the right freedom of speech.
2. Even though a reason is not required to discharge an employee-at will, did the
company have a justifiable reason to do so? Why or why not?
Legally, the company did have a justifiable reason to fire the two employees. According to
the New Jersey law, an employee’s computer and phone on their employer’s
communication systems can be monitored legally. However, in my opinion, it’s justifiable
as long as the employees are informed of a clear internet usage policy. Although,
employers have the greater power to control the monitoring, it would be nice to know that
employees can trust their employers to not go too far as to check on them all the time