1. Explain where an employee can reasonably expect to have privacy in the workplace.
2. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can be overhead, or an enclosed office, in which—when the door is closed—conversations cannot be heard and where one would expect virtually total privacy. Explain whether it makes a difference if an employee is in an open area or in an enclosed office.
3. Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance.
4. Explain to what extent an employer can engage in electronic surveillance of employees.
5. Explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal.