How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Employee Privacy Laws

How much privacy can an employee expect in a public workplace? Many employers can monitor an employee’s emails, surfing the internet and phone calls. But, when is the employer crossing the lines into employee privacy? There are many specific laws allowing certain employee privacy. Contact an Expert to gain legal answers and insight regarding laws on employee privacy.

Are there laws on employee privacy?

Not only are there state laws, but there are federal and local legislation that provide protection against an invasion of employees’ privacy. Federal and state laws deal with the confidentiality of personnel files and employees’ to access personnel files along with other searches, drug and alcohol testing, and privacy in the electronic workplace, such as e-mails, telephone, and computer. The courts have created a law to allow employees to sue the employer for invasion of privacy; this covers four factors: intrusion, private affairs, defamation and appropriation of name.

Is it legal in the state of California for an employer to require the employee to take their lunch breaks in a lounge or have to be parked out front of the building?

According to the Labor Code 96 (k), an employee cannot be terminated or disciplined for lawful activities that are during nonworking hours. Since a lunch break is normally considered nonworking time, if the employer is controlling the location where the employee must spend their nonworking hours, it would be unlawful under the California law, because the employee will be entitled to a constitutional right to privacy during nonworking hours.

These laws are very hard for an employee to enforce, and the courts have been unwilling to hold the employers to anything unless it is a very serious violation of an employee’s privacy rights. The employer’s requirements may be considered illegal. It can all depend on the DLSE investigation officer’s interpretation of the law, assuming the employee was to file a wage claim.

When an Outplacement company gives another company employment status about an employee that they terminated, is this considered employee privacy violation?

If the previous employer has contacted this outplacement company to help the previous employee with their employment status it will not be considered an invasion of privacy to provide these status reports, especially if an issue with unemployment is involved.

Do employees have any rights to any privacy laws as to what is shared to a previous employer?

A previous employer has the right to disclose information on past employees to any future employers. Many employers choose not to give out this information because they do not want to be accused of releasing false information and have a potential court case because of this. Laws allow an employer to give out employment and employment history to a future employer along with any evaluations or reasons for discharges or termination of employment with any employers who may ask for this information.

In the state of California can an employer release information to someone about an employee’s work schedule?

In the state of California there are no laws that prohibit an employer from releasing an employee’s schedule to a third party. There is no privacy interest in an employee’s schedule. Many times an employee feels that their employer is invading their privacy. Many times that is the case, and other times, the employee does not completely understand the employee privacy rights in the workplace. Experts can provide many legal answers and insight relating to many employee privacy issues

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21583
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18594
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Privacy Questions

  • Recently at work I was made aware that my attendance record

    Recently at work I was made aware that my attendance record had been made public to the rest of the company employees, by another employee. He also told them that I was fired because of it. The employee that did this should have had no way to get this information. The HR Department and myself should be the only ones with access to that info. I do work for a union and when I made them aware of the situation, I felt as if they just brushed me off. Do you have any suggestion on how I should handle this matter?
    Joel
    Wisconsin
  • I was suspended from work pending an investigation, which I'm

    I was suspended from work pending an investigation, which I'm 100% sure I have not done anything to be terminated based on previous precedent set by the company. However instead of saying I was out for personal reasons, they chose to share the suspension with co-workers. They were told to keep it confident, but of course it is now common knowledge. Is there any recourse I have since I am being treated as guilty until proven innocent and obviously regardless of the outcome, my reputation will be tarnished.
  • I'm employed in New York City, I was out of work for two months

    I'm employed in New York City, I was out of work for two months and was being paid under the family medical leave act (FMLA). I was paid for four weeks and no pay for three weeks and again paid for the last one week. I was instructed by the company in order for me to get paid for the three weeks that I need to give them the doctors notes that contain my private conversations between my doctor and myself, for the weeks I wasn't paid. I have met all the company requirements for FMLA and my doctor has filled out the required forms that the company supplied for FMLA and at no time did the company or there forms mention any thing about doctor notes . Now I filed a grievance with
    the union and now they are saying they will not move forward with the grievance process until I provide them with the doctors notes. My question is does HIPA protect me and my privacy, am I being harassed, bullied or discriminated against or am I required to give them my private personal conversations between my doctor and my self in order to get paid? Thank you
< Last | Next >
View More Employment Law Questions