Question

Paralegal Leah’s boss has asked her to arrange for a private investigator to place a GPS tracking device, the size of a deck of cards, on the company car of a salesperson of one of the firm’s clients. The client suspects the salesperson of playing golf instead of working and wants to investigate his whereabouts. Is it legal? Ethical? ​

Answer 1

Legally, Paralegal can follow a stipulated procedure of investigation that is approved by law, to investigate the salesperson because the car is that of the Firm and the Firm has full rights to probe into the misuse of the car by the salesperson. Also, the firm cannot charge the salesperson without any factual evidences to its support hence legally, it is feasible to route it through the services of Paralegal Leah. In addition, Paralegal has its own legal framework within which it functions and therefore it is only reassuring to know that the norms are not broken.

In terms of ethical side also, I feel it is ethical because it the car belongs to the Company, it means, there is certain fidelity relationship that the Company establishes with the salesperson when the Company hands over the car to him. Hence it is the right of the Company, even ethically, to monitor the whereabouts of the salesperson whom it has hired, for the office job. One should not misinterpret this monitoring activity on the behalf of the Company as an investigation task hence.