Los Angeles Employee Privacy Rights Attorney

From the traditional workplace environment to more recent employment issues involving advancements in technology, the specifics of employee privacy and rights in California continue to evolve. However, many of the basic concepts remain the same. Employees are entitled to a reasonable expectation of privacy under the California Constitution, other state statutes, and federal laws, so you may have legal remedies if an employer violates these rights.

Our team at Litigation, P.C. has extensive experience in many employment law issues, including a range of claims involving the right to privacy in the workplace. If you believe you were harmed because of employer misconduct, please contact our office to set up a consultation with a lawyer right away. You might also benefit from knowing the different contexts in which these issues arise. 

Workplace Surveillance

Your employer can monitor your internet activity, idle time, emails, search history, and related computer usage, primarily because you are utilizing company property to perform business-related tasks. It is also legal for an employer to videotape employees if there is a legitimate reason for recording, such as security or training. If you drive a company vehicle, your employer is allowed to track movements through a GPS device.

Medical Privacy

Individual employee medical information is protected by HIPAA privacy rules, including:

• Past, current, and future medical conditions;
• What treatment, procedures, or other medical services you receive; and,
• Payment of health care services.

Privacy Issues Related to Background Checks

California has enacted a “Ban the Box” law regarding criminal records, so employers are prohibited from requesting information about a person’s conviction history when hiring. There are also limitations on:

• Credit checks;
• Drug testing;
• Arrest records, as separate from convictions; and,
• Other employment-related checks, whether during hiring or after you are employed.

Marijuana and Employment Laws

Recreational use of marijuana may be legal in California, but companies have considerable leeway in establishing policies while employees are at work. Plus, employers are not required to provide reasonable accommodations regarding medical use of marijuana on company property, during employment hours.

Social Media and Networking

Employers are allowed to review your social media activities, but they cannot require an employee or job candidate to provide login credentials to access an account. Note that there could be a potential discrimination issue if personal information from your social media activities, such as age, race, disability, or religion, is used in making employment decisions.

Other Workplace Privacy Issues

Our lawyer at Litigation, P.C. can also advise you on:

• Workplace searches;
• Off-duty activities;
• Dress codes;
• Wellness programs at work; and,
• Many others.

Trust Our Workplace Privacy Attorney

While California companies have the right to monitor business operations, employers are prohibited from misconduct that violates employee privacy and rights. Your legal remedies will depend on your specific situation, but you may qualify to recover compensation for your losses. If you experienced breach of privacy in the workplace, please contact Litigation, P.C. at 424-284-2401 to set up a consultation with an experienced lawyer.