Employment Law

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My employer has placed up cameras with no notice or policy.

Customer Question
My employer has placed...

My employer has placed up cameras with no notice or policy. He is actually watching live streams of the plant from his personal phone and then texting and calling people about a job performance. He is also has audio even though it isn't always clear. I live in NC

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Submitted: 9 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/15/2017
Employment Lawyer: legalgems, Lawyer replied 9 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 13,344
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 9 months ago

Thank you.

I have reviewed the statutes and could not find any prohibition against video/camera monitoring of employees. Typically an employer will post the policy but since the tort, intrustion on seclusion, is only applicable to places where a person has a reasonable expectation of privacy (ie restrooms) an employer is free to record occurrences in the general work area.

The National Labor Relations Act does prohibit the monitoring of union activities (ie meetings).

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Customer reply replied 9 months ago
What about the audio portion? Also, the live video feed to his personal cell phone. The company is ISO certified.
Employment Lawyer: legalgems, Lawyer replied 9 months ago

While the Electronic Surveillance Act prohibits recording conversation, video itself is not prohibited if it is in a general area where one does not have a "reasonable" expectation of privacy.

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Employment Lawyer: legalgems, Lawyer replied 9 months ago

Hello again; just checking in to see how things worked out;

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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