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.

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?

FAQs

What workplace information is private?

• A boss lied to a co-worker about my confidential memo—is that legal?
• Can my full-time employer tell my part-time job about accusations against me?
• Is it legal for your employer to email embarrassing photos of employees to everyone?
• Can we show employee pay stubs to a client?
• My picture and personal information are still on my old employer’s website. Can I sue?
• Can my manager tell everyone else my date of birth?
• How do I protect my employees while providing disciplinary actions?
• Can I contact an applicants former employer for attendance records?
• Is it legal to videotape a staff member who fell asleep on a couch at work?
• Is it legal for my employer to share my contact information with a union?
• Can our employer post our sales and tips?
• Can I refuse to let company make a training video of me?
• My employee works for another company as well, can that company demand my employment records?
• Can I legally tell other staff the reason that an employee is out of the office?
• Can HR email all of the company managers about all the staff’s discipline actions?

Is there free speech at work?

• Do I have complete freedom of speech at work?
• Do I have to wear a pink ribbon?

Are grooming and dress codes legal?

• Can my manager tell me how to wear my hair?

What are privacy rights for drugs and alcohol?

• Is it okay for my boss to ask co-workers if I’ve been drinking?

Can employer act based on employee’s private life?

• They’re firing me, but I had a doctor’s note!
• Can I skip a meeting so I don’t have to play two truths and a lie?
• Is my employer allowed to talk about my attendance with my other coworkers?
• You’re Fired!
• HR told my boss I wanted to go to graduate school full time and he let me go. Is this legal?
• My full-time employer contacted my part-time employer—is this legal?
• Is it okay to consider personal information when picking people for layoff due to COVID?
• Can a Supervisor spy on employees after hours?
• What should we do if we find out an employee has tested positive for COVID?
• Can my boss require me to share more about my personal life to enhance our team culture?