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Conference back40::soapbox

Title:Soapbox. Just Soapbox.
Notice:No more new notes
Moderator:WAHOO::LEVESQUEONS
Created:Thu Nov 17 1994
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:862
Total number of notes:339684

262.0. "Privacy of company voicemail and e-mail" by COVERT::COVERT (John R. Covert) Mon Jan 23 1995 11:29

Is your company voicemail or E-mail private?

Digital policy says that it is not.  Is that right?

And did McDonald's go too far?  They are now being sued for $1 million
by an employee who was fired when he confronted his boss with the fact
that his boss and the area manager had not only listened to voicemail
messages between him and another employee with whom he was having an
adulterous relationship, but also played the messages for his wife.

Should the managers have been allowed to listen at all?

Did they have an obligation to keep the wrongdoing they discovered
absolutely private?

/john
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262.1TROOA::COLLINSHave you got two tens for a five?Mon Jan 23 1995 11:5526
    .0:

>Digital policy says that it is not [private].  Is that right?

    Yes.  Digital pays for the resource, to support the business environment.
    Personal use should be allowed, but kept to a minimum, and be completely
    above board at all times.  Management must reserve the right to audit the
    use of their electronic resources, since they can ultimately be held
    responsible for their use or misuse.
    
    Of course, I don't generally tend to be `pro-management' with issues
    like this, but I think it boils down to "Who owns the system?"

>And did McDonald's go too far?
>Did they have an obligation to keep the wrongdoing they discovered
>absolutely private?

    Yes.  That is, if (like Digital), e-mail and voice messages are considered
    to be `For Internal Use Only', then it would be a violation of that policy
    to have played the messages for the wife.

    As for the firing...what exactly was he fired for?  Was his job 
    performance substandard, was he fired for misusing company resources,
    or did they simply not agree with his extra-marital activities?

262.2COVERT::COVERTJohn R. CovertMon Jan 23 1995 12:1512
Newspaper article just says he was fired after confronting his manager
when he learned that the messages had been played for his wife.  No
further information.  His partner was subsequently promoted to store
manager, so clearly McDonald's wasn't _too_ upset with the misuse of
voicemail or the illicit liaison.

Mebbe he called his boss a jerk.

The $1M suit is not for wrongful termination, but for violation of
privacy, damge to reputation, emotional distress, etc.

/john
262.3TROOA::COLLINSHave you got two tens for a five?Mon Jan 23 1995 14:3517
    
    Note 262.2

>The $1M suit is not for wrongful termination, but for violation of
>privacy, damge to reputation, emotional distress, etc.

    I'm going to sue MacDonald's for the emotional distress of constantly
    being asked whether I "want fries with that?".
    
    But the privacy thing boils down to MacD's written policy, *if* it
    existed, and *if* they made any attempt to inform their employees of
    the policy.  I'm willing to bet that playing the tape to the wife was
    a violation of their own policy.
    
    Myself...I assume that my e-mail and voicemail are insecure, and act
    accordingly.
    
262.4POLAR::RICHARDSONBelgian Burger DisseminatorMon Jan 23 1995 15:257
    |Myself...I assume that my e-mail and voicemail are insecure, and act
    |accordingly.
    
    Do you find them asking you questions like "Is my nose too big?" and
    stuff like that? I hate that.
    
    Glenn
262.5TROOA::COLLINSHave you got two tens for a five?Mon Jan 23 1995 16:245
    
    No...but I constantly remind my e-mail and voicemail systems that there
    are other, better messaging systems available, and that they can be easily
    replaced.  :^)
    
262.6morals clause?SWAM2::GOLDMAN_MABlondes have more Brains!Fri Jan 27 1995 14:599
    I would also think that wrongdoing of Mickey D's action in listening 
    to and playing the messages to the wronged wife would depend upon
    whether or not the company has a non-fraternization policy, and a
    morals clause.  Many companies have both, even to this day.  However,
    if that is the case, then, clearly, both parties should  have been
    fired.
    
    M.