Read: Deal V. Spears United states Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992)
Can be found in Chapter 17 of Twomey Labor and Employment law 15th edition. Pg 650
Read the case write a brief summary and answer the case questions.
Provide a summary of the case and answer the case questions. The case summary should be thorough and demonstrate knowledge of the case facts and history. Answers to the questions must reference the facts and legal analysis from the case, and are required to conform to the APA Manual, 6th edition.
The case summary should analyze the following issues: the relationship between the parties involved in the case; the lower court decision(s); a short summary of the relevant facts and why the actions of each party resulted a lawsuit; a statement of the relevant law the appellate court discussed; the legal issue(s) that were decided; the reasoning used by the court when deciding the legal issues; and, your analysis of the decision.
Read the case and Answer the 3 questions may use sub headers for each question:
1. It is not unlawful to monitor the telephone conversation of an employee if the employee has given prior consent. Did Deal give her employer consent in this case?
2. Because of the recent burglary of the store, did the employer have a legitimate business reason to record and review the employee?s phone calls made or received while at work?
3. Under the Watkins precedent, what is the extent to which an employer can monitor personal phone calls to employees within the ordinary course of business exemption of the federal wiretapping law?