Privacy in the Workplace FAQ

Questions:

• Can I require all employees that I am considering for management positions to take a psychological test?
• Can I fire a worker whose personal beliefs clash with mine?
• Can I read my employees' email messages?
• Can I monitor my workers' phone calls to make sure they are properly serving my customers?
• Can I randomly search my employees as they leave the workplace to minimize theft?
• What are the rules for handling employee medical records?
• Can we fire an employee for criticizing managers on Facebook?
• Can employees post reviews of company products on websites like Amazon and Yelp?
• Can I install cameras in the workplace to discourage employee misconduct?

Answer:

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 Nolo's article Testing Employees.