Protecting Your Right to Privacy in the Workplace

Understand What Constitutes a Breach of Privacy at Work and How You Can Take Legal Action

At Merrick Law Firm LLC, we understand the importance of safeguarding your privacy, especially within the workplace. The Constitution of the United States along with state constitutions and laws provide certain protections for personal privacy, and we are here to help you navigate these protections when they come into question at work.

It is the task of the courts to decide if an employer’s conduct, such as workplace searches or surveillance, is lawful. This involves a careful balancing act between the employer’s rationale for implementing these measures against an employee’s legitimate expectation of privacy.

You may have a significant right to privacy that your employer must respect in certain areas, like employee restrooms or changing facilities, unless of course, there is clear communication suggesting otherwise. Your claim against your employer strengthens if, during the information gathering process, there was any:

• Deceptiveness. Imagine being subjected to a medical examination under the pretense of routine health checks, only to be dismissed due to unconsented drug testing results.
• Breach of confidentiality. Envisage filling out a health form with the belief that the information is for company eyes only, and then learning that your private health details were disclosed to another employer.
• Secretive surveillance. While overt camera installation in areas like cash registers can be justifiable, secret monitoring, particularly in highly private areas, would likely be deemed inappropriate and invasive.
• Meddling in personal affairs. Consider a scenario wherein your employer’s prying eyes follow you outside of workplace hours, coercing you to abandon your personal affiliations or face employment consequences.

Should you suspect your privacy rights have been infringed upon by your employer, we urge you to consult with the state department of labor for specific state protections.

This information serves as a general overview and should not be taken as legal advice. Given the dynamic nature of the law, Merrick Law Firm LLC advises you to seek personalized legal counsel to address your individual circumstances. If you feel your privacy at work has been compromised, do not hesitate to reach out to us at (312) 269-0200 for a consultation.