Michael Smyth vs. Pillsbury Company case argument

Case argument

The Pillsbury Company does not have in place proper and clear policies upon which to judge an individual such as the situation at hand for Smyth. The company is the one that said that it could not invade the privacy of the employees, but the case is different as we see that from the interception of the emails of Smyth. Despite the company saying that the email communications of employees are private and confidential, they violate that rule, and this leads to termination of Smyth. The company goes against the definition of privacy which states that it is an intrusion upon the seclusion of another person. It would have been good if the company had warned Smyth first of all before taking the step that they took of terminating his employment (Twomey, 2013).

The company did not avail to its employees a well-documented Internet use policies during the recruitment. That left a loophole for employees like Smyth to have exposure to the company’s ruthlessness (Tozzi, 2015). The Company did not have any clear policy to prevent its employees from engaging in an activity that would lead to misuse of emails. The absence of such a policy makes it hard for Smyth to make an argument in court. The company needs to inform the employees of its privacy policies so that they are aware. The absence of security and privacy policies makes the employees have involvement ion activities that might not be acceptable to the company. The company makes a false assurance to its employees, and this makes Smyth fall victim of the same. The company does not have an effective code of conduct that can help in dealing with the issues of employees (Melissa & Reiter, 2015).

References

Melissa, V. & Reiter, R. (2015). Balancing employee privacy with protection of company assets. New York Law Journal.

Tozzi, J. (2015). Mental health in Workplace: Employee’s privacy vs. employer’s right to know. Insurance journal

Twomey, D.P. (2013). Labor & employment law: Texts & citations. Boston, MA: Cengage Learning.

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