Can I Sue My Employer for Invading My Privacy?

A flood of new technology means that employee privacy standards are always changing. The concept of “invasion of privacy” as it pertains to employers and employees is still fundamentally the same. This article provides an overview of those concepts.

An employee’s privacy rights are rather limited. However, you can take legal action against your employer for invading your privacy in some circumstances and situations. These cases depend on state laws and the specific facts of each situation. If you believe your employer is invading your privacy or otherwise overstepping boundaries, you should contact a local and experienced employment law lawyer.

What Does ‘Invasion of Privacy’ Actually Mean?

Legally, an invasion of privacy occurs when a “reasonable person” expects their information to remain private or wishes to be out of public view, and another person obtains this information and/or publicly discloses it. In employment law, this generally refers to a situation in which you feel that your employer violated your right to privacy.

You typically have a reasonable expectation of privacy in your home or with your personal information. However, privacy protections become tricky when you are in a public place, including the workplace.

Types of Privacy Invasion Claims

Generally speaking, privacy invasion claims are covered by a state’s tort law, also known as personal injury law. There are four main types of invasion of privacy claims:

• Intrusion of solitude
• Appropriation of name or likeness
• Public disclosure of private facts
• False light

In an invasion of privacy lawsuit against an employer, a court looks at the nature of the intrusion and its overall effect. Typically, the invasion of privacy must be one a “reasonable person” would not expect, and you must suffer a highly offensive invasion of privacy, long-term distress, or other consequences as a result.

For instance, an employer might be liable for invasion of privacy if you discover that your employer installed surveillance cameras in a locker room or restroom and regularly viewed the footage.

Since these situations occur in the workplace, there may also be applicable labor and employment laws. Sometimes, the information wrongfully obtained or disclosed by an employer can lead to workplace harassment, a change in your employment status, or discrimination.

Employee Medical Records and Privacy

Many employee privacy invasions stem from unauthorized access to medical records. Under normal circumstances, your employer cannot access your medical records.

There are exceptions, however. Some law enforcement and military jobs have physical and mental health requirements. You may have to disclose medical information or undergo a physical or mental health examination. Some states require a doctor’s certification if you request leave covered by the Family Medical Leave Act (FMLA) due to a serious medical condition.

Employee Privacy and Technology

Reliance on technology has big implications for employee privacy. As a result, some employers are instituting workplace privacy and technology policies. There are certain scenarios at work where you may have no reasonable expectation of privacy, but other privacy rights are protected by law.

Computer Usage at Work

In most circumstances, an employer has the right to ensure you use the internet for the specified purposes needed to do your job. An employer can monitor the websites you visit, observe how much time you spend online during business hours, and even restrict your internet usage to certain websites and/or hours.

But even if your employer allows you to use your work computer for personal communications and other non-business purposes like personal email or chats, you should not expect privacy.

Can I Use My Own Phone at Work?

Unlike most types of electronic communications, an employer’s right to monitor personal telephone conversations is limited by federal law.

The Electronic Communications Privacy Act (ECPA) prohibits employers from listening to your personal telephone conversations or voicemail messages in the workplace, whether the calls happen on a work telephone or your personal phone. Your employer also cannot prevent your access to voicemail messages.

However, the ECPA does not stop your boss from limiting your phone conversations at work. They can require you to make personal telephone calls during breaks and lunch hours.

Can My Employer Use Cameras to Watch Me at Work?

Your employer generally can use selected types of surveillance in the workplace if there is a legitimate business purpose. For instance, security cameras to protect workers and customers and to discourage inappropriate and unproductive behavior are common.

However, some state laws restrict or prohibit certain types of surveillance devices in the workplace. Surveillance is also not typically permissible in areas like restrooms or employee changing areas. Additionally, your employer typically must tell you that surveillance cameras are present.

Employee Privacy Outside of the Workplace

Technology has created a new set of privacy issues for employees outside of the workplace as well. Even though you may be using your own personal device outside of work and work hours, this information may be available to your employers and lead to serious consequences.

Can My Employer Discipline Me for Social Media Comments?

Sometimes, your employer may be able to discipline you for comments made online, even outside of business hours.

Posting confidential information about your workplace or clients from personal accounts can also lead to serious repercussions. If an employer finds that you violated a workplace policy regarding confidentiality of information, you are likely to be subject to discipline or discharge.

Discipline for Activities Outside of Work Hours

This depends on your state’s laws, your employer’s policies, and the nature of your job. For instance, if you work in law enforcement or national security and are arrested for discharging a firearm while intoxicated, this would be a problem for your job, no matter when it occurs.

If you are a licensed professional, you could face sanctions by the licensing board that governs your profession. For example, a doctor arrested for a crime unrelated to work could face criminal punishment and have a professional license suspended or revoked.

Get an Attorney’s Help

As an employee, your privacy rights are quite limited, but there are circumstances where you can take legal action against your employer for an invasion of privacy. These cases can hinge on just a few facts, so understanding your rights and finding the right employment law attorney to represent you is critical to your success.