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In both the Souza and Leone cases, the employers did not give the employee an option to explain or appeal their decisions. Should they have?

DISCUSSION QUESTIONS

1. In the Quon v. Ontario case, the police officers filed a lawsuit even though they were not fired for the information that the police chief learned about their text messages. How, if at all, is someone harmed simply by another person reading private text messages?

2. Both Souza and Leone were fired for what they posted to Facebook. Should they have been surprised that their employers might read their postings? It is unknown if Colvin knew about or consented to having his picture posted to Facebook. What issues does this raise?

3. In both the Souza and Leone cases, the employers did not give the employee an option to explain or appeal their decisions. Should they have?

4. Do you disagree with any of the actions of the employers in these cases? Why, or why not?

5. If you were responsible for hiring employees, would you look to a website such as Facebook to gather information about them? Is there a difference between the use of information from Facebook, Linkedin, or Twitter at time of hire and similar use to fire someone?

6. Do employee rights of privacy override an employer’s right to hire or fire?