Napping staffer sues over video surveillance
Filed under: In this week's e-newsletter, Latest News & Views, Security and law
Companies often use technology to catch employees who break rules. But is it possible for them to go too far?
In one recent case, an employee’s manager suspected he was sleeping at his desk while he was supposed to be working.
To make sure it was true, the company’s IT department installed a security camera that gave the boss a view inside his cubicle. When the video showed him napping during work hours, he was fired.
The employee sued the company, claiming an invasion of his privacy.
His case was tossed by a judge. Why?
The employee had no “reasonable expectation” of privacy at work. His cubicle was open, and the inside could be seen at all times by those around him. The surveillance and the resulting termination were upheld by the court.
In most cases, employees can’t claim they have a right to privacy. Companies should be extremely cautious, though, about monitoring employees in “non-public” areas (for example, restrooms).
Cite: Smith v. Methodist Hospitals of Dallas
Comments
2 Comments on Napping staffer sues over video surveillance
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Judy Buckley on
Tue, 10th Mar 2009 3:38 pm
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Randi on
Tue, 10th Mar 2009 4:25 pm
“Reasonable expectation of privacy”?? That’s the issue? Nobody even mentions this guy was SLEEPING ON THE JOB! I wonder how that person could show up in court with a straight face trying to sue for invasion of privacy – just boggles the mind. That reminds me of a case where a guy trying to break into a school fell through some kind of skylight and hurt his ankle. Then he sued for damages for that injury! That was years ago and I don’t think he won, but what nerve!
Judy, I agree — people get hung up on legal technicalities and lose sight of the essential facts in the case. Unfortunately, the offenders keep on filing lawsuits because, all too often, they win. We need to get back to core values and ‘real’ issues.
