Right to Privacy at Work FAQ

Questions:

• Can my employer search me as I leave work for the day?
• Can my employer install cameras in the workplace?
• Can my employer require me to take a psychological test before promoting me to management?
• Can my employer read my email?
• Can my employer fire me for personal opinions expressed on my blog or a social networking site? Wouldn't this violate the First Amendment?
• Can I be fired for a positive drug test when I have a prescription for medical marijuana?
• Do I have a right to a copy of my personnel file?

Answer:

Can my employer install cameras in the workplace?

The answer depends on where the employer wants to put the cameras and why. The employer must have a reasonable, legitimate business reason for monitoring employees in this manner (for example, to discourage theft from a cash register or to enhance the security of customers and employees). And some states have made certain areas of the workplace (for example, the bathroom and changing areas) off-limits to this type of monitoring.

Even with a legitimate reason, your employer must inform you and your coworkers that the cameras are there. Also, some states prohibit the use of certain types of surveillance devices, such as one-way mirrors.

For more information on workplace surveillance, see Nolo's article Cameras and Video Surveillance in the Workplace.