Microsoft Court Case

Bill Mclaren, Jr. v. Microsoft Corporation

Introduction

In the United States, there is often a sense of freedom that is both enjoyed and expressed. This concept stems from the guiding principles of the new country's founding fathers. That foundation was created as a haven from oppression and the rights to live on their own. By extension the Amendments to the Constitution outlined specific liberties and freedoms that should be expected from the people of this new country.

One of the expectations that many people have is a sense they should have a right to privacy. While this is not unreasonable, as it has been narrowly provided for under the due process portion of the fourteenth amendment, it is not all encompassing. In the end the right to privacy has mainly been provided for personal and procreation rights, and otherwise on a case-by-case decision.

So with people feeling entitled to a right to privacy, is it almost inevitable that differences of opinions would occur in the workplace, and court cases would be raised dealing with an employee's right to privacy. The question that needs to be answered is where a corporation's rights and employee's rights are differentiated. Should employees have a reasonable expectation to privacy? Should companies have a reasonable right to access their employees various tools in the workplace?

Case Problem

In the privacy court case, Bill McLaren Jr. v. Microsoft Corporation, the main contention is whether a business has the right to intrude on a worker's privacy as it relates to personal emails. According to Beatty and Samuelson (2005), privacy rights can be violated under common law if the intrusion into the private life would be found offensive by a reasonable person. Bill McLaren Jr. ...

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... necessary and had the right to release the employee involved. Sean McGee a labor attorney felt that the court system has crossed the line in disregarding privacy rights and upholding business rights, against the current trends of federal legislation in Canada. In fact his opinion questions whether privacy rights will be developed further or will be more limited to the "American model" as is currently occurring (2005). Where does the right to privacy exist? Where does the business responsibility to maintain productivity and security lie?

References

Beatty, J. F. & Samuelson, S. S. (2005). Legal environment 2ed,

Mason, OH: Thomson-Southwestern West Publishing.

Bill McLaren Jr. v. Microsoft Corp, No. 05-97-00824-CV, Court of

Appeals of Texas, 1999

McGee, S. (2005). Courts are still taking traditional approach to

work privacy issues. The Lawyers Weekly, 7(1), 16.