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including for example, the Electronic Communications Privacy Act of 1986. The ECPA covers almost all wire or electronic communication (www.bizjournals.com/). The only problem with this is that, if the employer owns all of the equipment, such as, telephones, computers, etc. The employer then has full rights to monitor each piece of equipment, and the person that is using it. Employees have lost numerous cases to the courts claiming invasion of privacy. Since the employer has full access to maintain the server, he/she is not breaching an invasion of privacy. Further as illustrated in several articles, even if an employee had a reasonable expectation of privacy, the employers interest in preventing inappropriate or unprofessional communications over its e-mail system outweighed any privacy interest that the employee may have had in its e-mail (Monitoring Security on the Internet). A possible solution to handle the invasion of privacy situation is to notify employees in advance that their activities may be monitored. Under any circumstances, the employer should acknowledge them. This is summed up well in the article Monitoring Communications on the Internet . Here it is stated that an employer cannot simply allow employees to communicate on an E-mail system unmonitored. Too many litigants will seek to hold the employer responsible for what is said and done. Employers should monitor, but do it wisely and consistently, and adopt a policy that works for them. They should also find a lawyer who can craft one, just for their business, rather than using one off the shelf . It is smart employee relations, and smart preventive law practice.

Just last week the New York Times fired 20 employees at a Virginia payroll-processing center for violating corporate policy be sending inappropriate and offensive e-mail, and the Navy reported that if disciplined more than 500 employees at a Pennsylvania supply depot for sending sexually explicit e-mail. Xerox fired 40 people in October for violating company computer policies and Boeing has fired a few on similar grounds too. Such cases hardly come as a surprise: 45 percent of major U.S. companies engage in electronic monitoring of communications and performance, according to a survey conducted by the American Management Association (AMA) (Your Boss may be monitoring your E-mail).

The above statement shows why organizations adopt EM systems. Monitoring can improve training and development efforts, increase productivity and service, and reduce costs. Properly designed and implemented, electronic monitoring also can provide benefits to workers. Monitoring can also prevent the theft of trade secrets and monitor the quality of employee work. Employees, who develop, use or transmit confidential information might use Internet access or e-mail to send trade secrets to competitors. Monitoring employees may discourage employees from breaking this law, and other rules of the company.

Here are some guidelines that an organization takes when adopting a monitoring system:

Solicit employee participation. Employees respond more favorably when they are allowed to provide input into the design of the monitoring system, because they feel greater ownership and control. For example, employees may be allowed to determine the frequency with which they receive monitoring-related feedback. Employees also may provide input concerning what areas to monitor. Monitor for developmental purposes. The most important determinant of a monitoring system’s success is the organization’s purpose for monitoring. Monitoring used for punitive purposes is generally accompanied by destructive, hostile feedback and discipline. The objective is to drive the pace of work and punish workers who fail to keep up. Used in this way, monitoring becomes the electronic whip that transforms the modern organization into an electronic sweatshop. Such monitoring will meet employee resistance and have dysfunctional consequences for the organization. Companies such as MCI, AT&T and GE have found that employees respond positively when a developmental approach to monitoring is used. Practice disclosure. Disclosure refers to whether employees are informed when they are being monitored and how the information will be used. Results of a survey by Macworld Magazine indicate that 69 percent of companies that conduct computer monitoring or searches of employee computers, voice mail, electronic mail, or networking communications do so without giving employees advance warning. For many workers, this type of silent or covert monitoring is akin to spying. As a result, it breeds an atmosphere of mistrust and suspicion and damages employer-employee relations and diminishes worker morale. In contrast, disclosure may send a message that you intend to use monitoring in a positive developmental fashion (G. Stoney Alder).

Electronic Monitoring systems have become an essential to an organization. They play an important role in the everyday activities of the business. Monitoring systems receive a lot of negative feedback. When it comes down to it though, if you follow the company s policies and rules, an employee has nothing to worry about. It is only those employees that abuse company policy or try to bend the rules that get burned by the system. Though it is a never ending argument whether the systems violates the employees right, the employees will always play devils advocate against the system, fearing that it one day might catch them acted in an unethical manner. Whatever you take on the subject, Monitoring is a rapidly growing category that cannot be ignored. Sooner or later, its reach will extend worldwide.

The success of an organization is dependent upon the success of its employees. Successful organizations have realized that employees are their most important assets, providing them with a competitive advantage in the marketplace. The manager plays a key role in the



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