Two constitutional rights which have the ability to impact employees within an organization are privacy and free speech. Each of these controversial issues have been explored at great length, but at present, no constitutional decisions regarding workplace privacy and free speech exist. Although there are no Constitutional decisions that exist, there are state decisions, such as Intel v. Hamidi, where the California Supreme Court ruled against Intel's barring of an employee's free speech.
Company E-mail Questioned
E-mail is an efficient way for employees to communicate with each other, their clients, and customers. This form of communication is quick, can be saved, and also can increase productivity even between offices that are many miles apart (different locations around the world). However, the monitoring of employee e-mail by employers has frequently been questioned. What constitutes privacy in employee e-mail? What kind of rights do employers and employees have in monitoring e-mails? The Constitution was designed to grant free speech and privacy to all Americans; but does not indicate if those rights are extended into the workplace. This uncertainty is what allows room for interpretation and a foggy understanding of what this constitutional right warrants and grants an American in the workplace. Many employees believe their right to privacy excludes e-mails from employer scrutiny, but that is simply not the case.
Company E-mail Monitoring
There are many considerations for the company – maintaining a professional workplace free from harassment and predators, preventing the leaking of trade secrets or other important information, and avoiding intellectual property issues and copyright infringements, ...