Terry’s Employer, Essay Example

Case 1 Issue

Terry feels that her rights have been violated because her employer looked through her personal belongings at work and read private notes between her and her husband. She is bothered by the fact that her employer has done this and even though she is aware that this behavior is unethical, she wants to know if this breach of privacy would constitute as illegality.

Case 1 Rules

The fourth amendment states that “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated”. The Supreme Court has extended this ruling to explain that employees are also protected from search from their employers. In the state of Delaware, there are no specific laws providing these same rights.

Case 1 Application

Terry could sue her employer for a breach of privacy. By rummaging through her personal items in her desk, he is violating her constitutional rights. However, she cannot bring him to the court under a state privacy law, because such a law does not exist in Delaware. Instead, she can sue him in federal court.

Case 1 Conclusion

Prior to bringing this matter to court, Terry should bring the issue to the attention of her local working regulatory agency. It is likely that this issue can be resolved out of court. Furthermore, it is important to consider that the exact facts of the case are not known. Therefore, it is not currently possible to determine whether it would be reasonable for Terry to sue her boss for the amount specified. It is important to understand additional facts of the case to determine whether going to court would be necessary or worthwhile.