Legal and Ethical Issues in Employment: Emotional Distress, Privacy Rights, and Performance Evaluations

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Legal and Ethical Issues in Employment: Emotional Distress, Privacy Rights,and Performance Evaluations1. Explain the elements of the claim of intentional infliction of emotional distress.Quote the actual elements of the claim and cite yoursource. Try to use the “best”source for your citation. (The textbook is not the best source.) Add a follow-upsentence(s) in which you explain what one of the elements means in practical terms.Summarize a case in which that claim was charged. What was the result? (Use thetextbook and/or the Internet to help you find additional information and a case.) 2. Aresearch analyst for the Indiana Department of Corrections was told that she wouldhave to submit to a psychological examination in order to keep her job. She took theexam, which lasted two hours and contained many questions related to details ofher personal life. She sued, claiming that the test violated her constitutional rights.What should the court decide (your opinion)? Why? After writing your initialthoughts, use the Internet to look up the case. What was the actual decision, andwhy? (Greenawalt v. Indiana Department of Corrections, 397 F.3d 587 [7th Cir. 2005])3. Performance evaluations are important tools for managing performance.However, they can also easily be mismanaged by supervisors and employees alike.The situation becomes more combustible when employees first do a self-evaluationfollowed by a formal evaluation from the supervisor.Co. Sigma Inc. gives employees annual evaluations. The manager can rate eachemployee as Exceeds Expectations (EE), Meets Expectations (ME), Partially MeetsExpectations (PE), or Horrible Employee (HE). Employee Bill turns in his self-evaluation and has himself as an EE in all 10-performance categories. SupervisorMary reviews the self-evaluation and is troubled. She believes he is an EE in 2categories, but is an ME in 6 categories, a PE in 1 category, and an HE in 1 category.She wonders how such a disconnect could exist between how he views himself andreality.a) What could have caused this disconnect?b) How should she go about remedying this situation?c) If she just goes ahead and gives him all EEs even though he does not deservethem, what problem(s) might this create? 4. Should an employee have anexpectation of privacy relative to electronic communications when sending personalemails from the company computer? What if the employee used the companycomputer to access his/her own Yahoo email account; should the employee have areasonable expectation of privacy regarding personal emails sent through his/herpersonal email? To take it a step further, should the employee have an expectationof privacy as it relates to text messages sent from a company issued Blackberry?Defend your response with references to at least two sources from the following:court case(s), articles from reliable/authoritative authors.

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