Workplace Investigations and Employee Privacy

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How Far Can An Employer Go in Invading an Employee's Privacy When Conducting a Workplace Investigation?

When something like a theft or threat occurs in the workplace, the employer will do an investigation to try to figure and resolve the situation.  However, in so doing, the employer must also keep in mind that employees have a right to privacy.   Generally, how far an employer can in searching through the workplace for evidence pertaining to an investigation depends on the seriousness of the problem being investigated as well as how much of an invasion of privacy to the employee the employer wants to commit.  Now obviously, if it is reported an employee is storing a weapon in his desk, the employer has the right to search the desk of that employee to verify if there is a weapon.  However, not every problem will be as clear-cut in determining how far the employer can go in an investigation that involves interfering with employees? privacy. 

What Are Some General Guidelines for Acceptable Conduct in an Investigation that Involves a Search through the Workplace?

There are some factors that should be kept in mind to keep a workplace search by an employer legitimate:

What Should I Do if I Feel My Employer Has Violated My Privacy Rights?

You will probably want to consult an attorney specializing in employment law.  Your attorney will be able to advise you of your rights and let you know if you are entitled to any money damages in a lawsuit against your employer.

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Last Modified: 01-02-2013 02:38 PM PST

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