While employers may employ workers at will or through an employment contract, this doesn’t mean that employers have a leeway to intrude on employees’ personal lives.
There are certain things that California employees cannot do concerning employees’ personal information.
If they do, or an employee feels their rights are intrigued, they have a right to file a claim against their employer. Also, the employer cannot retaliate against or discriminate against such an employee who complains about violation of such rights.
Any employee in California works under certain favors by the law concerning their workplace privacy rights. Thus, it would be best to learn of such privacy rights and what to do if they are violated.
Common Workplace Privacy Issues
Every employee has reasonable expectations towards their workplace privacy. However, an employer may lower the threshold only if they can develop a clear policy that can address such issues. Besides, the employer must communicate such policies to employees. There are many privacy issues at the workplace protected under the law. Such issues include:
- Disclosure of confidential medical records: Employees’ medical records should be kept confidential. If such records are kept in a way that anyone can have access, this may be against the law.
However, not every employee may do so against the law. For example, one may be a payroll officer and wants to determine who is to be promoted or confirmed for medical paid or unpaid leaves. Where your employer exposes your medical information to unauthorized people, this could amount to a lawsuit. But, the employer may reveal such information to those who have a legal responsibility, such as health workers, etc.
- Use of cameras and videos at the workplace: In California, it’s illegal for an employer to place a surveillance camera in restrooms, shower rooms, or any room designed to provide comfort to employees.
- Tracking employees of duty conduct: Employer’s rights to determine what their employees do off duty are limited. If your employer takes an adverse employment action because they found out your off-duty conduct, this could be against the law not unless there is a valid reason to do so. Also, your employer should not intrude into your home without consent, even if they are to check for stolen workplace items.
- Workplace search: Let say some equipment has been stolen at the workplace, and your employer is quick to perform random searches to determine who may be the culprit. In such a case, would this amount to illegal workplace search? The answer will depend on the situation at hand; for instance, if the employer searches your body and you don’t expect such, you may have a valid argument to prove that your rights to privacy were intrigued. On the other hand, you may base your case on whether the search was necessary, whether there was any policy in place, or it was a random search.
- Drug testing: While drug testing is allowed in an employment setting, not every testing is legal. Drug testing can only be conducted where it’s clear that an employee works under the influence or has been involved in an accident, and the question of the drug comes up. In California, there is a right to privacy for drug testing. For instance, if an employer conducts random drug testing, issues of privacy rights may crop up. In such a case, the court has to determine the employer’s intention and expectations for drug testing.
When seeking damages for any workplace privacy violation. The court mainly bases this on:
- The employer needs to conduct surveillance. The employer may have a reason to justify the reasons why they need to film or whatever they may have done to interfere with the employee’s rights.
- The employee’s reasonable expectation of privacy: When an employee goes to undress in a restroom, they believe there is privacy. The employer can in no wise get to see what they are doing. The employer will be intruding with employee’s right if they have cameras to show details of what the employee was doing in the restroom.
If you have issues with your privacy rights being intrigued, you can hire an employment attorney in Orange County to help you determine whether such may amount to a violation of the law. Such a lawyer can give you lots of insights that may prove useful to establish a violation of your rights to privacy.
Getting Your Compensation
If it’s proven that your employer intruded on your right to privacy, you will need to file a claim to recover damages for any loss you may have incurred, such as loss of job.
You may also recover damages for emotional distress you may have undergone after your right to privacy was invaded. These may include things such as embarrassment, depression, feeling rejected, etc.
A seasoned lawyer can help you use the set law to ensure you get such damages without any evidence of physical injuries.