employee privacy rights
An employees right to privacy at work is a debated issue as many employers are using searches, surveillance, and eavesdropping in an attempt to better observe their employees behavior. While the law is evolving, it is fair to say that an employee gives up some of his or her rights to privacy at the workplace’s front door. ... In addition to surveillance and search activities, areas in which the right to privacy is an issue include lie detector tests, electronic monitoring, drug testing, confidentiality agreements, and disclosure of employee’s personal information. Personal Information Employees are covered by the Privacy Act meaning that under Federal law, they cannot be asked to provide information unless the collection of such information is needed and justified by a legal authority. The comapany has an obligation to assure that all information contained within an employee’s personnel file is secured and safeguarded. The company’s handbook should clearly state that the employee personal information will be kept confidential, assuing the employee that their files will only be reviewd under certain instances. ... The employee may examine all portions of his or her personnel file except: (1) letters of reference solicited before employment; and, (2) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his or her patient. ... A licensed physician, designated in writing by the employee, may examine the employee’s medical record. ... The employee’s Manager or other individual having supervisory authority over the employee, may examine all material in the employee’s personnel file. ... By order of a court of competent jurisdiction, any person may examine a portion of the employee’s personnel file as may be ordered by the court. ... An official of an agency of the State or Federal government may examine any portion of a personnel file when such inspection is deemed by the Company to be necessary and essential to the pursuit of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the employee’s tax liability. ... An employee may sign a written release, to be placed with his personnel file, that permits the Company to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release.