Reference no: EM132171414 , Length: 1200 Words

Imagine you are an HR manager of The Pillsbury Company. You are senior to Michael Smyth and his immediate supervisor. The Pillsbury Company maintained an electronic mail communication system. The company repeatedly assured its employees that all email communications on the system would remain confidential. Pillsbury further assured its employees that it would not intercept email communications and use them as grounds for terminating or reprimanding employees. Michael Smyth, a Pillsbury employee, received email communications from his supervisor over Pillsbury's email system on his home computer. Relying on Pillsbury's assurances, Smyth exchanged some blunt emails with his supervisor. One of them apparently contained a threat to "kill the backstabbing people," and another seemingly referred to a firm holiday party as the "Jim Jones Kool-Aid affair." Later, Pillsbury retrieved or intercepted these messages. In January of 1995, the company fired Smyth for what it deemed inappropriate and unprofessional comments over the email system. Smyth sued Pillsbury for wrongful discharge, and Pillsbury moved to dismiss for failure to state a claim upon which relief could be granted. Smyth v. The Pillsbury Co. 914 F. Supp. 97 (E.D. Pa. 1996). In a well-written case study, first discuss all legal and ethical issues with which you are faced in this situation. Second, discuss whether the employee had a reasonable expectation of privacy in the contents of his email communications over the company email system. How should Michael approach any legal cause of action, and what is that cause of action? What would you find to indicate that a reasonable person would consider the defendant's interception of these communications to be a substantial and highly offensive invasion of his privacy? Back your findings with legal cases and laws. Should Michael commence litigation, or is another alternative more preferable? Explain how he should resolve this dispute, demonstrating critical thinking and analysis based on his specific facts. Address the question of: Should the company's interest in preventing inappropriate and unprofessional comments or even illegal activity over its email system outweigh any privacy interest the employee may have in those comments?