Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

Privacy in the Workplace FAQ

Can you run a background check, use an employment test, or check up on employees' activities on or off the job?

Questions

Answers

Can I require all employees that I am considering for management positions to take a psychological test?

Although this is an unsettled area of law, it might depend on the test. Many widely used psychological tests ask questions that invade the test-taker's privacy. And the jury is still out as to whether these tests have any ability to predict whether a particular employee will lie, steal, manage poorly, or cause other workplace problems. Because of these limitations, it's a good idea to talk to a lawyer before imposing a testing requirement.

For more information, see Testing Employees.

Back to top

Can I fire a worker whose personal beliefs clash with mine?

You may not fire a worker because of his or her religious or political beliefs. Federal and state laws protect workers from this type of discrimination. However, if a worker brings those beliefs into the workplace by, for example, attempting to convert other workers or publicizing political beliefs during work time, you may put a stop to this.

For more information, see Monitoring Employees' Off-Duty Conduct.

Back to top

Can I read my employees' email messages?

Generally yes, depending on your policies. If you have a policy of email privacy (for example, if you tell your employees that their email will be confidential or will not be read by the company), then you should abide by that policy. Also, if you allow employees to designate certain messages as confidential or private, you probably shouldn't read the messages so designated. Otherwise, however, you have the right to monitor employee email, as long as you have a legitimate business purpose for doing so.

For more information, see Monitoring Employee Communications.

Back to top

Can I monitor my workers' phone calls to make sure they are properly serving my customers?

Yes, with a few limitations. You are legally allowed to monitor employee conversations with customers for quality control. Federal law allows you to do so without warning or announcement, although some states require you to inform the parties to the call in some way that you are listening. However, you may not monitor personal calls. You must stop monitoring once you realize that a particular call is personal.

For more information, see Monitoring Employee Communications.

Back to top

Can I randomly search my employees as they leave the workplace to minimize theft?

This is usually a bad idea. Generally, you can perform a workplace search in order to serve important, work-related interests -- as long as you don't unduly intrude on your workers' privacy rights. Random searches are less likely to pass legal muster than a search of a particular employee whom you reasonably suspect of theft. And even if you have a reasonable suspicion, you must not search too invasively: Although searching an employee's bag might be reasonable under some circumstances, searching the employee's body crosses the line.

For more information, see Workplace Searches.

Back to top

Can I install cameras in the workplace to discourage employee misconduct?

It depends on where you want to put the cameras, and why. You must have a reasonable basis for monitoring in this manner (to discourage theft from a cash register and enhance the security of customers, for example) and inform your employees of the cameras. Certain areas of the workplace (the bathroom or changing areas, for example) are generally off-limits to this type of monitoring.

For more information, see Workplace Searches.

Back to top

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All Bankruptcy: Deciding Whether to File products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

Advertise Here

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.