Discussion 5: Refusing A Claim

Cyber-surveillance: Refusing A Claim From A Silent Watch Victim
Read the following scenario and the initial email to Jarod.  Write a post that evaluates the effectiveness of the email, being sure to include terminology and concepts from our readings and videos in your evaluation.  You probably won’t be able to cover all the issues here.  Instead, choose one or two aspects and write about those.

When responding to at least two of your peers, try to deepen the discussion by adding your own perspective.  Contribute information from our readings, tell your own story and/or add links to outside sources.

Scenario
You are the human resources director for a company called Advertising Inflatables, which designs and builds the huge balloon replicas used for advertising atop retail stores, tire outlets, used-car lots, fast-food outlets, fitness clubs, etc.  Since you started youve seen balloon re-creations of everything from a 50-foot King Kong to a small 10-foot pizza.

Not long ago, company management installed the cyber-surveillance software, Silent Watch, to track and record employees computer usage.  At the time, you sent out an electronic memo informing all employees that they should limit their computer use and email to work projects only.  You also informed them that their work would be monitored.  At your bosss request, you did not mention that Silent Watch would record every keystroke of their work or that they could be monitored from a screen in their managers office.

As expected, Silent Watch caught two of the sales staff spending between 50-70 percent of their time surfing Internet sites unrelated to their jobs.  The company docked (withheld) their pay accordingly, without warning.  Management sent them a memo notifying them that they were not fired, but were on probation.  You considered this wise, because when they work, both employees are very good at what they do, and talent is hard to find.

But now salesperson Jarod Harkington has sent you a letter demanding reinstatement of his pay and claiming he was spied on illegally.  On the contrary, company attorneys have assured management that the courts almost always side with employers on this issue, particularly after employees receive a warning such as the one you wrote.  The computer equipment belongs to Advertising Inflatables, and employees are paid a fair price for their time.

Email

To:                Jarod Harkington, Sales Representative

From:          Tyrone Mason, Human Resources Director

Date:              August 3, 20XX

Subject:        Pay reduction

Jarod,

I believe my handling of this situation has been extremely generous, Jarod, so I will not be reinstating your pay. Many employers would have fired you immediately for spending so much work time on personal business.

I admit that I was furious when I discovered how much personal time I was paying you for. But youve had a positive effect on our bottom line in the past, so I’m certainly willing to give you a second chance.

You and your co-workers were warned in advance that your work would be monitored. I sent each of you a memorandum with specific guidelines for Internet and e-mail use. And in that memo, I informed you all that your work would definitely be monitored. So as you can plainly see, any legal action on your part would be a waste of everyone’s time. I have consulted my attorneys, and they assure me that your legal recourse is without merit.

Be sensible, Jarod. Don’t make me reconsider my decision to place you on probation. Isnt half a paycheck better than none?

Best,

Tyrone