Employee Privacy Laws

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. Learn how to protect yourself from privacy violations with our training program Managing Within the Law Part II.

Below you will find our answered Ask the Lawyers questions and eNews articles grouped under FAQ categories.

Employers:  Stop privacy lawsuits with our excellent training programs.

FAQs

• 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?
• Can employer act based on employee’s private life?

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FAQs

What workplace information is private?

• My former employee is lying to our mutual friends about the reason we terminated him. Can I tell our friends the truth?
• Can I fire an employee if they disclose my salary to another employee?
• Can my employer require me to provide my physical address?
• How should HR inform managers about delayed background checks?
• Can my manager demand I tell him my birthdate?
• Can a manager contact an employee’s spouse about performance?
• Can a manager show performance reviews to a prospective employer calling for a reference?
• How can I stop my employer from putting my name and picture online?
• What are privacy rights in discrimination litigation?
• Is it an invasion of privacy if employer posts customer complaints about employees?
• Can my employer publish personal information about me?
• Is it legal for my supervisor to videotape me?
• Can my supervisor tell everyone why I was on FMLA?
• Who gets a dead employee’s records?
• Can I keep employee contact information and work schedules confidential?
• Can my employer require me to post a photograph of myself on the staff directory?
• Can employers legally share all staff time sheets on-line in our shared officer folder?
• Can my employer surveil me in public and ask sexually explicit questions about my personal life?
• Is it legal for my employer to ask me for my personal vehicle insurance information for my personnel file?
• Can manager let new, part-time employee work with other employees’ personal information?
• Can manager tell employees about other employee’s write-ups?
• Is my employer allowed to confirm my salary information?
• Am I legally allowed to give out termination dates?
• My employer is planning on publishing employee attendance records monthly to the entire office. Is this legal?
• Can I tell an employee’s mother what date her son was fired?
• Is it legal for my employer to give my tax information to my spouse?
• Need to know basis only?
• Who can my manager give my number to?
• Am I allowed to discuss an employee’s payroll information with his/her spouse?
• Can I give one employee a copy of a warning letter from another employee’s file?
• Can the company track my bathroom visits?
• Is my employer allowed to tell others that I was on disability?
• Can I ask why an employee was absent?
• A terminated employee is requesting copies of all timesheets and paystubs. Do we have to provide copies?
• What can we ask when employee calls in sick?
• Can we distribute employee home addresses and phone numbers to all staff?
• Are birthdays private information?
• Can we tell employees about everyone’s performance?
• Can my employer open mail addressed to me at work?
• They told 300 people my salary and social security number – is that legal?

Is there free speech at work?

• The Google Memo, Charlottesville, and Managers’ Responsibilities
• Can a California employer mandate a “meat-free workplace”?
• Can I be fired for what I said at lunch?

Are grooming and dress codes legal?

• Can the CEO force me to wear navy, black or grey colors?
• Do I have to pay to wear jeans to work?

What are privacy rights for drugs and alcohol?

• What are applicant rights to drug test results?
• Can supervisor ask employee about a random drug test not related to the job?
• What are rights of medical marijuana users?
• Is my discipline for drinking a private matter?

Can employer act based on employee’s private life?

• The Google Memo, Charlottesville, and Managers’ Responsibilities
• My employer is asking us to create a “life board” depicting personal life goals. Is this legal?
• My manager wrote me up because she didn’t approve of someone on my personal Facebook page. Thoughts?
• Is it okay for CEO to ask us to discuss in team meetings if we had abuse or mental illness?
• Can my employer send an all-staff email telling everyone that I have filed bankruptcy?
• Is it legal for employers to discriminate based on marital status?

Still have a question? Go to Ask the Lawyers and send us one of your own inquiries!

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