Electronic monitoring in public organizations: evidence from US local governments

Technology use in the workplace expands the ability to monitor employees through activities such as website tracking, email scanning, and social media monitoring. Monitoring is a fundamental aspect of the relationship between organizations, employees, and stakeholders and can affect perceptions of privacy, autonomy, and trust in the workplace. However, electronic monitoring is little investigated in public management research and we have minimal knowledge about the factors that prompt public managers to adopt electronic monitoring. Focusing on small- and medium-sized US municipalities, we investigate types of electronic monitoring and how organizational, sociopolitical, and technological factors shape electronic monitoring intensity. We test our hypotheses with data from a 2014 national survey of 2,500 local managers, website coding data, and US Census data. We find that electronic monitoring, especially monitoring online activities, is a response to organizational centralization, participation of internal stakeholders, social media use, and technology concerns.     

Electronic mail,privacy, and the public sector: Guidelines for public employees and organizations

What privacy rights are public employees entitled to when using their electronic mail systems? Are they entitled to privacy rights in the messages they send or receive? The setting, public or private, is crucial to determine what privacy rights exist for the employee. Unfortunately, no public sector electronic mail privacy case has been considered by the courts. Nevertheless, E-mail privacy guidance does exist. This article investigates previous privacy considerations provided in other workplace situations—cases that involve technologies other than E-mail—in search for common rules established by the Supreme Court. With this foundation, the article then applies the same rules to an electronic mail environment and provides guidelines intended to assist public managers in the creation or reevaluation of their organization’s electronic mail privacy policy.     

Legal and Ethical Implications of Corporate Social Networks

Corporate social networking sites provide employees and employers with considerable opportunity to share information and become friends. Unfortunately, American and international laws do not directly address social networking site usage. The National Labor Relations Act, civil rights laws, and various common law doctrines such as employment at-will and defamation provide the pattern for future social networking laws. Ethical considerations such as productivity, security, goodwill, privacy, accuracy, and discipline fairness also affect future laws. Corporate policies on corporate social networking should balance the employer’s and employee’s interests. Existing laws and ethical issues associated with social networking should impact social networking policies related to configuration, communication, discipline, and evaluation of policies. Corporate social networking policies should be business-related, ensure user notification of monitoring, maintain adequate records, and provide for reliable, consistent, and impersonal evaluation of monitoring effectiveness.     

Organizational Surveillance of Computer-Mediated Workplace Communication: Employee Privacy Concerns and Responses

Email, social media, and other types of computer-mediated workplace communication tools can enhance flexibility in how employees perform their jobs, expand networking opportunities, increase profits, cut costs, and enable collaboration among diverse groups across the globe. Despite their advantages, these technology tools can also cause security breaches, financial loss, employee distraction, and lawsuits. To prevent such damaging consequences, many companies monitor their employees’ computer-mediated workplace communication. However, this surveillance is often met with resistance from employees as it taps into concerns over workers’ privacy rights, due process, and fairness. We examine these employee concerns through an empirical study of full-time working adults’ beliefs about their computer-mediated workplace communication privacy and their evaluations of organizational justice, trust in upper management, and commitment to the organization. Our results suggest that employees who perceive less computer-mediated workplace communication privacy tend to view their organization’s policies as less fair, trust upper management less, and demonstrate less commitment to their organizations. Furthermore, results indicate that procedural justice mediated the relationship between privacy and organizational commitment and moderated the relationship between privacy and organizational trust.     

Workplace Privacy: Employee Relations and Legal Implications of Monitoring Employee E-mail Use

The tradeoff between employees’ workplace privacy and employers’ need to protect company assets, safeguard proprietary information, and avoid costly litigation has been receiving increased attention (Lee and Kleiner 2003; Mello 2003; National Workplace Institute 2004). This tradeoff often favors employers, as the legal system provides much leeway for employers to monitor employees’ electronic communications in the workplace. However, employers need to consider the effect such monitoring has on their employees since employee and employer attitudes about monitoring often diverge. In this article, we explore workplace email monitoring from both employee relations and legal perspectives and discuss implications for employee morale. An earlier version of this research was presented at the 2005 Association on Employment Practices and Principles Conference, Baltimore, MD.     

Drug testing and the law

This article examines judicial and administrative rulings and legislation involving or related to the issue of drug testing in the workplace. It discusses the rights of employees in the public and private sector: constitutional rights; federal, state, and local statutory rights; rights of unionized employees; and common law rights. It analyzes both the current state of the law and future directions the law may take, as courts and administrative agencies decide more cases and governmental bodies continue to pass drug testing legislation.     

The “Good Cause Norm” in Employment Relations: Empirical Evidence and Policy Implications

Critics of the American employment at-will doctrine have argued that it should be abandoned because it is at odds with a societal level norm that employees should only be discharged for good reasons (the good cause norm). This paper examines the extent to which there is conceptual and empirical support for the existence of such a norm. Theoretical perspectives supporting the norms existence are discussed and integrated, and an interdisciplinary review of relevant research is provided. In light of the support that is found for the existence of a good cause norm in the American workplace, it is proposed that the current employment at-will default rule be changed to a waivable employee right to be discharged for good cause only.     

A better approach by management in drug testing

Discussed here are a number of drug abuse and drug testing issues. This article presents an overview of current developments in the area of drug testing in the workplace. There is an analysis of legislation, federal and state court decisions, and key legal arguments. These decisions and arguments are discussed in the context of employee rights and responsibilities. Also presented are the legal and ethical aspects of drug testing in the workplace. The authors make a case for a rehabilitative rather than a punitive approach to employee drug abuse.     

A Contingency Approach to the Employment Relationship: Form, Function, and Effectiveness Implications

In the United States, the at-will doctrine purports to give employers the right to terminate employees with or without notice or good cause. However, numerous exceptions have made protection afforded by the doctrine illusory, and wrongful termination litigation often results. Other countries such as Canada and New Zealand legally prohibit at-will employment, and require reasonable notice or justification when terminating employees. On the basis of comparison of nonunion employment in those countries with that typical in the United States, we examine alternative approaches to employment relationships (independent contractor, employee rights, and at-will), and offer suggestions for choosing among them strategically based on environmental contingencies, work characteristics, and outcomes valued by a given firm. Although the choice may be limited by law in some jurisdictions, we offer a more systematic approach for U.S. firms wishing to deal with the consequences of terminations proactively as part of their overall strategic planning process.     

Job Security Rights: The Effects of Specific Policies and Practices on the Evaluation of Employers

The effects of specific policies and practices regarding employee job security rights on the evaluation of employers was investigated in two contexts. First, an experimental design was used to investigate the effect of explicit at-will and explicit good-cause policies on future job seekers' evaluation for a company's attractiveness and their willingness to sign up for an interview. The results support the argument that the kind of rights employers offer, or expressly deny, can significantly effect recruitment outcomes. Second, the potential role of formal employment at-will agreements as a source of inferences about the employer was investigated using open-ended questions that were responded to by currently employed managers and future job seekers. The results indicate that the use of formal at-will agreements may lead to a variety of negative inferences, giving employers reason to be concerned about the effect of such practices on employee relations.     

Privacy and Electronic Monitoring in the Workplace: A Model of Managerial Cognition and Relational Trust Development

This paper explores the impact of experience at the current organization, prior experience at other organizations, and individual propensity to trust on workplace electronic monitoring and trust formation between employees and management. Taking a cognitive approach, these relationships are investigated through the lens of cognitive categorization theory. The paper discusses trustworthiness as the category label of a group of traits and behaviors that subsequently leads to lower levels of turnover, increased organizational commitment, and lower levels of electronic monitoring. Organizational and individual level outcomes are explored with respect to electronic monitoring procedures in organizations. The discussion focuses on implications for practice and future research as well as several ethical and managerial implications, and provides recommendations regarding implementation of electronic monitoring systems for managers.     

“Good Cause Beliefs” in an “At-Will World”? A Focused Investigation of Psychological Versus Legal Contracts

This study assesses the psychological contracts of a group of at-will employees and compares their relevant psychological contract beliefs with the terms of the controlling legal employment contract. In addition, we test specific hypotheses regarding the relationship between employers formal job security policy (employment at-will vs. good cause protection, and employee personal characteristics; equity sensitivity, organizational tenure) to 2 focal psychological contract beliefs (the employers obligation to have a good reason to discharge the employee, and the employees reciprocal obligation to have a good reason to leave his/her employer). These issues are investigated using survey data sampled from 15 diverse U.S. organizations, and independently collected information regarding organizations job security policies. The results provide evidence of a widely shared psychological contract belief that, despite explicit at-will policies, U.S. employers are highly obligated to have a good reason to discharge employees. Further, personal characteristics are more strongly related to the focal psychological contract beliefs than employer job security policies. The theoretical contribution of the study and its practical implications are discussed.     

Genetic testing: Your genes and your job

This article examines issues related to worker's exposure to substances in the workplace that may cause genetic damage and the use of genetic testing to assess and monitor such damage. The discussion includes the scientific principles of genetic testing and its accuracy and predictive value. The applicability of existing federal and state legislation to genetic testing is explored. Also analyzed are various legal and ethical issues, including union and nonunion employees' rights, workers' compensation, common law remedies, privacy and confidentiality, and an applicant's or employee's right to know test results.     

Charitable giving inside and outside the workplace: the role of individual and firm characteristics

Over the past several decades, charitable solicitations in the workplace have played an increasing role in the fundraising strategies of nonprofit organizations. Although many studies have examined the factors that influence overall charitable giving, very few studies have focused on giving when asked to donate in the workplace. This paper examines the determinants of charitable giving in and outside of the workplace in addition to the role of individual and firm-level characteristics. The study is based on one of the largest surveys of workplace giving including unique information on both workplace giving and overall charitable giving for 6000 employees in the USA. Specific factors uniquely influence charitable giving in the workplace. An employee's personal level of confidence in the nonprofit sector is strongly likely to influence workplace donations. At the firm level, an organization's size and industry also affect the presence of workplace campaigns and giving trends. Copyright © 2011 John Wiley & Sons, Ltd.     

Resolving the conflict between clients’ privacy rights and employees’ equal employment opportunity rights

It is unlawful under Title VII of the Civil Rights Act for employers to discriminate against applicants or employees because of their sex unless sex is a bona fide occupational qualification (BFOQ). During the past two decades, a number of courts were asked to decide whether sex is a BFOQ for the purpose of protecting clients’ privacy rights (i.e., whether employers could insist that employees be of the same sex as their clients for those jobs which required employees to touch or view clients’ bodies in various stages of undress). This investigation examined relevant judicial opinions rendered throughout the United States to determine how the courts resolved this conflict between clients’ privacy rights and employees’ equal employment opportunity rights.     

The Importance of Communicating Workplace Privacy Policies

Employers today are faced with the task of managing workplace privacy, dealing with potential litigation, preserving the confidentiality of company information while protecting the rights of the employee. Since September 11, 2001, employers have faced new challenges including the implementation of new laws and the development of more sophisticated technology. As a result, workplace policies dealing with privacy must be clearly and effectively communicated to all affected workers. The objective of this survey research project was to measure the general public’s attitudes and perceptions of the communication of work place privacy policies. An emphasis was placed on the collection of real world data from multiple business and organizational environments, as opposed to data obtained in a controlled experimental setting.     

An Empirical Assessment of the Contract Based Exception to the Employment-At-Will Rule

While extensive, the existing literature on the employment-at-will doctrine and its various exceptions has been remarkably uniform. By relying on a discussion of selected court opinions on specific aspects of the doctrine, scholars have focused primarily on normative issues such as what the courts should do when deciding job security disputes, or what plaintiffs/employees and defendants/employers should argue when litigating employment disputes. Our approach and focus are different. Instead of relying on a discussion of selected cases, we rely on a more comprehensive sample of cases. Instead of focusing on normative issues, our goal is to provide a more complete picture of the state of the at-will doctrine as reflected in those cases. Our data should be of interest to legal scholars interested in understanding the characteristics and outcomes of litigated employment-at-will cases. Our data should also be relevant to the current debate among management scholars regarding conflicts that might arise due to aggressive recruitment practices which highlight long term employment opportunities and the realities associated with at-will employment.     

Union Rules Intrude Upon the Nonunion Domain: Workplace Investigations and the NLRB

This paper examines the new legal landscape for nonunion employers who contemplate conducting investigations of alleged wrongdoing by their employees. The National Labor Relations Board (NLRB) has ruled that a certain right (the Weingarten right) previously guaranteed only to union members applies equally to at-will employees in nonunionized firms. As a result, all employees now possess the right to ask that a coworker be present during an investigatory interview. While the Weingarten right is sensible in a union environment, significant public policy and practical problems arise when this right is extended to the nonunion environment. This paper offers advice on managing the investigative process, given this new right, and it discusses the propriety of imposing union rules on the nonunion workplace.     

The legal implications of workplace smoking policies

Smoking in the workplace has become a difficult and complex legal issue. Both smoking and nonsmoking employees have used various legal bases in their attempts to enforce their rights. An analysis of the reported legal decisions indicates that the trend is in favor of limiting the rights of smokers. As nonsmokers become more aggressive in their demands for a smoke-free environment, it will become increasingly important for employers to be well apprised of the legal implications associated with smoking in the workplace.     

Post-<Emphasis Type="Italic">Burlington</Emphasis>: What Employers and Employees Need to Know About Retaliation

Since the landmark decision in Burlington Northern & Santa Fe Railway Co. v. White, numerous federal district courts and circuit courts of appeals in the United States have considered employees’ retaliation claims. This paper reviews several post-Burlington cases and provides employers with a roadmap as to what has been held to be retaliation under the law and what has not. Our contribution is an up-to-date analysis of retaliation cases, on a specific employment action basis, to provide guidance to employers of the types of activity that could support a claim of retaliation and to employees to alert them as to the types of activity that they should not have to endure in the workplace.