01-15-12 08:20 PM
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  1. Frank2029's Avatar
    Ok so, my friend works for a company and they are on BES. Her boss is allowed to read her BBM's correct?? But im wondering if there is some sort of limit as to what he can do or if he needs approval to read them? Here is what she told me.

    She recently started seeing some guy she works with and they decided to keep it secret. The only way they communicated was through BBM. One day the guy had a meeting with the boss and at the end of the interview he said "So, i hear you got a big date tonight" and he winked at him. She thinks he obviously read the BBM's


    Im just checking to see if this is completely legal and if there is any limitations or laws regarding this? thanks!
    01-29-11 12:22 PM
  2. qbnkelt's Avatar
    If it's a work provided Blackberry and it's on BES he can monitor her email, BBM. phone calls.....the device is not hers and she uses it at the pleasure of her employer.

    What he cannot do is wink, wink, nudge, nudge, say no more kind of behaviours. Those are as inappropriate as her using her work Blackberry for personal reasons.

    So....the boss can absolutely monitor her communications but she *could* have a case for a hostile work environment if the boss uses information learned through BES to harrass her, depending on the level of the harrassment. Of course, she would lose a case because she is using work issued tools for her social life unless the harrassment is severe.

    Word to your friend, don't mix business with pleasure. Keep the personal communications through other means. Doubly problematic is the office romance situation, some offices have strict guidelines.

    I would say your friend is showing rather poor judgement.
    Last edited by Qbnkelt; 01-29-11 at 12:42 PM.
    01-29-11 12:37 PM
  3. amazinglygraceless's Avatar
    If the company provides the phone and / or the device is connected to their BES
    it is completely legal for them to inspect any and everything that happens on the
    phone within the scope of what the IT Policies are capable of.

    On a BES one has to resign themselves to no expectation of privacy. Mind you, not
    every employer looks at everything but can should they choose to do so.
    01-29-11 12:37 PM
  4. Frank2029's Avatar
    i understand.

    She bought the phone. But they pay for her monthly bill. Does that make a difference? She honestly had no concern about it. I think i had more concern then she did.
    01-29-11 01:00 PM
  5. qbnkelt's Avatar
    If it's on BES, the boss can read the emails.

    That said, there was a privacy case last summer, I think, that was similar to this. I can't remember the specifics, but it had to do with a fire or police department that was monitoring an employee's mail while on BES. The similarity was that the person had put his own device on BES, same as your friend.

    Wish I could remember the ruling.....
    01-29-11 01:04 PM
  6. TheScionicMan's Avatar
    Don't rule out the possibility of office gossip. All one of them had to do was tell one other person and the news could easily spread. Our office gossip network transmits faster than BBM...
    01-29-11 01:20 PM
  7. berrysmith's Avatar
    Here's a Supreme Court decision on this topic:
    http://www.supremecourt.gov/opinions/09pdf/08-1332.pdf
    01-29-11 01:43 PM
  8. _StephenBB81's Avatar
    01-29-11 01:59 PM
  9. T
    Office gossip has already been mentioned, and then there's the less likely possibility (though it's still possible) that his question was merely a coincidence (the product of joking around) or a fishing attempt.

    Posted from my CrackBerry at wapforums.crackberry.com
    01-29-11 02:28 PM
  10. Frank2029's Avatar
    not likely office gossip, they had just planned the date hours before the meeting he had. Who knows. She didnt really care but i just find it pretty weird that a boss would do this. Not to mention he does say perverse things to her too... Again, she doesnt care but i do.
    01-29-11 02:37 PM
  11. albee 1's Avatar
    Just select the voice record app, record the harassment. Then send it to him in an email demanding a raise! Haha

    Posted from my CrackBerry at wapforums.crackberry.com
    01-29-11 03:22 PM
  12. 1812dave's Avatar
    Regardless of the laws involved in all of this, the boss was out of line. It was inappropriate of him to bring up the personal business of the female employee.
    01-29-11 03:49 PM
  13. Laura Knotek's Avatar
    Is is legal for a business to ban fraternization. Don't let office romance poison workplace; third parties can sue - Business Management Daily

    Posted from my CrackBerry at wapforums.crackberry.com
    01-29-11 03:54 PM
  14. ria__x's Avatar
    Just select the voice record app, record the harassment. Then send it to him in an email demanding a raise! Haha

    Posted from my CrackBerry at wapforums.crackberry.com
    LOL. made me chuckle!
    01-29-11 04:09 PM
  15. 1812dave's Avatar
    Just select the voice record app, record the harassment. Then send it to him in an email demanding a raise! Haha

    Posted from my CrackBerry at wapforums.crackberry.com
    Hmmm...what type of "raise" are we talking about?
    01-29-11 05:27 PM
  16. 13echo4's Avatar
    Regardless of the laws involved in all of this, the boss was out of line. It was inappropriate of him to bring up the personal business of the female employee.
    He didn't brang up the date to her. It brought it up to the guy. The guy most have told the op's friend. Most places frown on in shop relationships so I wouldn't stir the pot to much........

    Posted from my CrackBerry at wapforums.crackberry.com
    01-29-11 05:35 PM
  17. Tiassa's Avatar
    Another unanswered question is does the boss have the rights to read the employee's BBM? In many organizations only certain people can/should have access to things like email and BBM logs and the like, and then only for business purposes.

    If the boss in question was the owner, or president or suchlike, then yeah, he can do what he wants, but if he is a middle manager at some big company, then he is out of line.
    01-29-11 06:22 PM
  18. _StephenBB81's Avatar
    Another unanswered question is does the boss have the rights to read the employee's BBM? In many organizations only certain people can/should have access to things like email and BBM logs and the like, and then only for business purposes.

    If the boss in question was the owner, or president or suchlike, then yeah, he can do what he wants, but if he is a middle manager at some big company, then he is out of line.
    That depends on his job description.

    His job could be monitoring employee's and in doing so going over recorded phone calls, BBM, Txt messages, and emails, and thus well within his rights to read everything conveyed though the company network.

    Employers have even been found to access employee's webmail accounts when those accounts are used on company computers,

    Anything you do on company hardware, or through the company data pipes can be subject to company servileness unless expressly told otherwise
    01-29-11 07:02 PM
  19. Frank2029's Avatar
    The Boss is actually the owner of the company but he works there everyday as well. To be honest I definitely think this is out of line to discuss ANYTHING that he finds out about an employee unless it is deemed illegal. What he finds out should be kept to himself.

    And yes, I agree most places do not recommend and even ban the ability to date another employee of the same company however, this particular company has said no such thing and has no written rule either.
    01-29-11 08:02 PM
  20. TheScionicMan's Avatar
    He has the right to scan things for breaches of employee protocol, etc, but not for his personal titillation and remarks. If he found something inappropriate and needed to discuss it with an employee, that's one thing, but to make remarks on personal info is another thing...
    01-29-11 08:26 PM
  21. 13echo4's Avatar
    The Boss is actually the owner of the company but he works there everyday as well. To be honest I definitely think this is out of line to discuss ANYTHING that he finds out about an employee unless it is deemed illegal. What he finds out should be kept to himself.

    And yes, I agree most places do not recommend and even ban the ability to date another employee of the same company however, this particular company has said no such thing and has no written rule either.
    Brother the way I see it we're pulling at straws. We don't know how he come to find out. If its his network then I think he has the right to look at what's on it. If you don't want your stuff seen then don't put it out there in space for someone to find it. Come on there's still such a thing as closed doors.
    Now as far as he saying something, well you said he said something to someone that was party to the relationship "the guy", how do you know the boss didn't get it from his bbm? Now if he would have told somebody else I would think that was tacky and all but seeings how he was talking to guilty party I don't think he done anything wrong.
    Him sayingbsaying something might be the best thing that cojld happen. Now they know they are being watched so they can keep it behind closed doors.

    Posted from my CrackBerry at wapforums.crackberry.com
    01-29-11 09:19 PM
  22. DawgMan's Avatar
    Ok so, my friend works for a company and they are on BES. Her boss is allowed to read her BBM's correct?? But im wondering if there is some sort of limit as to what he can do or if he needs approval to read them? Here is what she told me.

    She recently started seeing some guy she works with and they decided to keep it secret. The only way they communicated was through BBM. One day the guy had a meeting with the boss and at the end of the interview he said "So, i hear you got a big date tonight" and he winked at him. She thinks he obviously read the BBM's


    Im just checking to see if this is completely legal and if there is any limitations or laws regarding this? thanks!
    There have been several court rulings that clearly state any communication personal or not that is transmitted over a company administered system, email, BBM, or other forms of communications are the property of the company and that company has the legal authority to monitor communications. I work in the corporate security group for a major telecommunications company and we take a serious view of using company issued systems for personal use. Mainly because we deal with proprietary information, personal identifiable information. We have an obligation to the company, the customers, the shareholders to ensure that we do not compromise sensitive information.

    The company owns the intellectual property that is transmitted on their systems. Bottom line, yes they can monitor her communications on a company issued device. Feel free to PM me if you have additional questions.
    01-29-11 09:48 PM
  23. Frank2029's Avatar
    Brother the way I see it we're pulling at straws. We don't know how he come to find out. If its his network then I think he has the right to look at what's on it. If you don't want your stuff seen then don't put it out there in space for someone to find it. Come on there's still such a thing as closed doors.
    Now as far as he saying something, well you said he said something to someone that was party to the relationship "the guy", how do you know the boss didn't get it from his bbm? Now if he would have told somebody else I would think that was tacky and all but seeings how he was talking to guilty party I don't think he done anything wrong.
    Him sayingbsaying something might be the best thing that cojld happen. Now they know they are being watched so they can keep it behind closed doors.

    Posted from my CrackBerry at wapforums.crackberry.com

    I realize that but I was just wondering if he is allowed to be saying stuff about it. I would think he should have kept it to himself? I guess it doesnt matter really...
    01-29-11 09:48 PM
  24. Fubaz's Avatar
    Short and Simple, they can monitor any service they provide....
    01-29-11 09:51 PM
  25. T
    Well, maybe not ANY service ... I doubt toilet cams would be approved.

    Posted from my CrackBerry at wapforums.crackberry.com
    Last edited by Tnis; 01-29-11 at 09:59 PM.
    01-29-11 09:53 PM
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