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Hrm 515 - Employment Privacy

Autor:   •  June 7, 2018  •  1,213 Words (5 Pages)  •  429 Views

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The last issue is by far the hardest, is the rumors of a potential romantic relationship between Paige and Bill. This could raise concerns of retaliation. In fact, there have been many cases where relationships began as consensual and later formed the basis of a lawsuit due to retaliation issues. With this issue, there would be more information required to form an idea of how to deal with this situation. The rumors would be needed to be confirmed and heard from both parties to figure out what best course of action would address this issue.

Case Evaluation: What Should Paige Do?

This case states that Paige discovered Bill’s suspensions and she is not stealing from the company and she feels extremely uncomfortable at work and now wants to quit, but she needs the money. To start off, Paige would first need to ensure that there is nothing that her employer can monitor or see that would show any guilt in stealing from the company. Paige should be able to provide documentation within what employers can legally obtain showing her innocence, such as her emails and computer information at work.

In regards to the polygraph test, the employer must be able to provide reasonable suspicion and evidence to conduct the polygraph test. If there is no reasonable suspicion or evidence, this would violate the conditions in the Employee Polygraph Protection Act.

Legally, there seems to be enough evidence showing that Paige is encountering a “hostile work environment” and therefore could be reason for suit, because Bill seems to be retaliating against her, which could have been caused by her terminating the relationship. Therefore, Paige seems to have enough legal merit for a retaliation claim and a sexual harassment claim due to hostile work environment.

I would encourage Paige to collect everything that has happened to her in the workplace, including any relationship information between her and Bill and if he is retaliating against her or not, and file suit based on retaliation and sexual harassment as set forth by the Department of Fair Employment and Housing, and her state court.

While this might be an uncomfortable situation, the way Bill is conducting himself seems to lead me to believe that he is wanting to question Paige with a polygraph test, look at her personal Facebook, and monitor all her work emails, not because he suspects her of stealing money from the company but because he is retaliating against her because of the romantic relationship between them.

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References

Employee Polygraph Protection Act (EPPA), § 29 USC 2001 (1988).

Smith, K. J. and Tischler, R. J. (2015), Electronic Monitoring in the Workplace. Employment Relations Today, 42: 73–79. doi:10.1002/ert.21491

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