Plaintiff's lawyers, the attorneys who represent employees, predict that privacy will surpass wrongful termination as the hot workplace issue of the 21st century. Yet the concept of privacy is so broad and so elusive, it’s difficult even to define. Privacy rights come up in situations involving drug testing, blogs, searches of electronic mail and files, hair and dress codes, arrest records, credit reports and other off-duty conduct.

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ catagories. Most of this content will require registration to view.

Employers: Stop privacy lawsuits with our Internet and e-mail policy package, training programs and recommended books.

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FAQs

• What are legal issues created by the internet?
• What workplace information is private?
• Is there free speech at work?
• Are grooming and dress codes legal?
• What are privacy rights for drug and alcohol?
• What are privacy rights on internet and phones?
• Can employer act based on employee's private life?

Stop Costly Lawsuits

• Management training programs
• Internet usage policy and procedure
• Recommended books

Know Your Rights

• Books and tapes

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FAQs

What are legal issued created by the internet?

• Can we fire employee surfing "adult" web sites on the net?
• "Addicted to Internet" Protected Disability?
• Can we force employee to put personal information on our company internet site?
• Employers must report employees who surf illegal websites
• Employee rights in the blogosphere
• Is it legal to fire me for what I put in my blog?
• What are the rules for accountants about keeping e-mails?
• Employer can be sued for harassment in on-line forum
• We told you your e-mails would get you!
• Accidentally putting confidential information on network drive is not slander

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What workplace information is private?

• What can we ask when employee calls in sick?
• Supervisor's informal policy leads to right to porn on work pager
• Can we post employee productivity metrics?
• Can we force employees to say why they won't come to Saturday company picnic?
• Can we verify employment without employee consent?
• Can we post a list of fired employees?
• Do employees have to disclose their illnesses to co-workers?
• Can we put the name of injured employees on incident reports?
• Is it invasion of privacy to post a voluntary birthday list?
• Can employee be asked to provide names of spouse and children?
• My employer has me under surveillance - is this legal?
• Employees refuse to provide Social Security number - what can we do?
• Can I e-mail the company explaining why I fired an employee?
• Can we distribute employee home addresses and phone numbers to all staff?
• Are birthdays private information?
• How can credit checks be used?
• Can we tell employees about everyone's performance?
• Get Hip to HIPAA!
• After working 5 years, can I be fired for a felony I put on my application?
• Help! The boss cut a peephole in the bathroom!
• Don't I have the right to copies of everything in my personnel file?
• Can my employer open mail addressed to me at work?
• They told 300 people my salary and social security number - is that legal?
• When is it legal to videotape at work?
• What can you say in a reference?
• Is it legal for companies to ask applicants for their last pay stub?
• Former company owner wants to keep personnel records -- is this legal?
• Do employees have right to see personnel files?
• Can attendance records be posted?
• How confidential is employee credit information?
• Do we have a duty to give bad references?
• Discovering criminal convictions of employees -- what can we do?
• What questions can be asked by a security company?
• Major privacy rights case impacts stress claims

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Is there free speech at work?

• Do harassment laws violate free speech?
• Is it legal to fire me for what I put in my blog?
• Does a bodybuilding magazine create a hostile environment?
• The limits on freedom of speech at work
• Do employees have the right to express unpopular political views?
• Don't we have the right to talk about sex, religion and politics?
• Employee takes religious freedom too far
• That's not sexual harassment, that's freedom of speech!
• You don't have full freedom of speech at work

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Are grooming and dress codes legal?

• Can we force women to wear nylons?
• Can we require employees to cover tattoos?
• Can employer dictate what shoes employees wear?
• Male drivers forced to wear ties - isn't this a safety hazard?
• Can employer allow beards but not goatees?
• Do I HAVE to wear a tie?
• How do I handle an employee who reeks of cigarette smoke?
• Can the boss make me lose weight and stop smoking?
• The nose knows!
• Is prohibiting facial hair illegal sex discrimination?
• Can a woman be fired for refusing to wear make-up on the job?
• Can we ask the receptionist to hide her hickeys?
• Can I be fired for refusing to wear long-sleeve shirt to cover tattoos?
• Can employer discriminate based on hair length?

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What are privacy rights for drugs and alcohol?

• Drug testing lab won't give us copy of results - what should we do?
• The drug test results were false, and I was fired - can I sue?
• Can a worker be fired for checking into rehab?
• Can conviction due to alcoholism be used to bar employment?
• What are the legal ramifications of employees including alcohol on expense reports?
• Can my public employer ask my doctor about my drug prescriptions?
• Does accusation by fellow employee justify drug testing?
• Can an employee in alcohol rehab tell co-workers?
• Can we drug test janitor who admits smoking pot?
• What are the rules on drug tests?
• Can truck driver who quits due to pot smoking co-workers sue company?
• Getting high on drug testing (Originally printed in the Employment Law special section of "The Recorder" legal newspaper on August 24, 1998.)

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What are privacy rights on internet and phone?

• Can we subpoena employee's cell phone records?
• Can supervisor be fired for e-mails to lover-subordinate?
• Can employer legally tape cell phone calls?
• What internet access policies are legally advisable?
• Car salesman fired for opposing sales training can pursue whistleblowing case

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Still have questions about Privacy Law? Ask the Lawyer!


Can employer act based on employee's private life?

• Can we fire employee on probation for theft?
• Does supervisor have right to know why employee left work?
• Employees lied about their affair - what can we do?
• Can we ask employees about their relationships?
• Employee refuses to give us their new home address - what should we do?
• Can we require employees to store their medications in the office?
• Is it invasion of privacy to check an employee's reason for non-attendance?
• Can I require employees to exercise and not eat meat?
• Can we force employees to donate to charity?
• Can we refuse to hire a convicted felon in an executive position?
• Is it discrimination to fire employees for lying on their applications about convictions?
• Can company hire a private investigator to discover an affair?
• Can they fire me for not participating in office social events?
• Can I fire an employee for dating a customer?
• Can employees be forced to be vaccinated?
• Can the boss make me change my name?
• Should a felony conviction automatically disqualify a potential employee?
• How much personal information is the boss entitled to?
• The company wants to search us -- is that legal?
• Should our policy handbook prohibit gambling and immoral conduct?
• Employees get sick after their extreme vacations -- can we stop them?
• Is company liable for what happens at holiday party?
• Is it illegal for an employee to have two full-time jobs?
• Can employer demote employee for behavior outside work?
• Can we ask telecommuters for their home phone numbers?
• What are legal risks of anti-nepotism policies?
• Can non-smoker be fired?
• Is it legal to not hire a person just because they smoke?
• Can employee be fired for rumors that damage employer reputation?
• "Outing" gay employee held invasion of privacy
• Do you have a private life?
• Smokers have no right to privacy, says U.S. Supreme Court
• New law expands applicant right to know

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Still have questions about Privacy Law? Ask the Lawyer!

 

Stop Costly Lawsuits

• Internet and E-mail Policy and Procedure: Employers that have Internet policies can protect themselves from many claims.
• Managing Within the Law, Part II: A one-day, in-depth training seminar
• Executive Seminars for your CEO, President, and Vice Presidents
• A Manager's Guide to Employee Privacy (book)

 

Know Your Rights

• Your Rights in the Workplace (book)