Electronic Surveillance of Employees

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ELECTRONIC SURVEILLANCE OF EMPLOYEES Where can an employee reasonably expect to have privacy in the workplace? Employees public or private sector have very few legal privacy rights in the work place. Legally, public employers are allowed to monitor employee activities while at work as long as the employee does not have a reasonable expectation of privacy in the particular activity. For example, employees have a reasonable expectation of privacy while using the restroom, but not in their general workspace. If my employer has a written policy putting me on notice that my usage of on my company issued cellular device may be subject to monitoring, then I do not have a reasonable expectation of privacy in communications. "Reasonable expectation of privacy" can be raised where, for example, an employer searches an employee's office or cubicle, looks through an employee's working files, or searches an employee's locker at work. Was it reasonable for the employee to believe that his or her office or cubicle is a private area that the employer cannot search without first asking permission? What if the employer that conducted the office search also had a well-distributed policy in the Employee Handbook that stated: "The Company reserves the right to access and search all offices and work areas on company property, including but not limited to locked and unlocked desks, file cabinets, files and lockers, without prior notice, for business-related reasons as determined in its sole discretion. Employees have no expectation of privacy in this regard." Would the policy make a difference in whether the employer could search without violating an employee's privacy rights? Many factors must be considered to decide whether the employee had a privacy right. Factors to consider are the content of the employer's policies whether the employer regularly and routinely enforces their

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