Turning off the power on employees: using surreptitious tape-recordings and e-mail intrusions by employees in pursuit of employer rights

Article Abstract:

Employers need to recognize the threats posed by employees' surreptitious recordings and e-mail violations. The variety of legal remedies available includes defense against charges of employer wrongdoing, limiting damages via the after-acquired evidence rule, and seeking relief against employees. At the same time, employees have few rights regarding on-the-job surveillance by employers, especially regarding e-mail use. Cases involving recordings by both employees and employers are discussed.

Other Justice, Public Order, and Safety Activities, Privacy, Employers, Electronic mail systems, Email, Workers, Wiretapping

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The Fourth Amendment and drug testing in the workplace: current U.S. court decisions

Article Abstract:

The constitutionality of drug testing in the workplace is being considered under a reasonableness interpretation rather than previous probable-cause analyses. Fourth Amendment rights to privacy are not necessarily invaded by drug testing if the interest of employers outweighs the interest of individuals. However, drug testing is not constitutional on the basis of past or off-duty drug-use or erratic behavior that may or may not be related to drug use.

Searches and seizures, Mandatory drug testing, Drug testing

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Privacy in the workplace: a practical primer

Article Abstract:

Employers concerned about possible liability for invasion of employee privacy should start with the principle that invasions of employee privacy can only be for clearly work-related purposes. Employees must also have notice of the purposes and circumstances in which their privacy might be invaded. Employers should have clear and specific policies on this matter.

Employer liability

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