do employees in the private sector have protection against intrusion into their workspace and private lives?

There are many individuals who use social media sites indiscriminately and do not consider the consequences of their interactions with others or what is posted. Even when they may not identify themselves with an employer, there are others who may access the site who know them personally and may reveal their employer in their postings. In addition, some employers may access their employees’ personal sites out of curiosity or may have a legitimate reason to question the site’s content. Is this invading the employee’s privacy or is it a right of the employer since they may be able to view only what is “public” on the site?



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Retaliation has been the number one filed EEOC complaint now since 2010, surpassing racial and sexual harassment and discrimination for the first time then, and since then. Often, disciplinary actions result in EEOC filings. Discipline is an area of Human Resources that can certainly create the potential for legal liability for employers. What are some good guidelines to follow? What are some pitfalls to avoid? How might valid policies be structured and investigations be handled to ensure that retaliation complaints do not result from disciplinary actions?




Employees are becoming increasingly concerned with their rights to pursue a private life free from employer incursion. Technology advances make monitoring of employee workspaces, e-mail, even key strokes entered on a computer traceable. Drug habits are documented to cost employers $60 billion per year in absenteeism and attrition; theft of employer property by employees another $10 billion per annum.

Federal government employees are protected somewhat by the Privacy Act of ’74. But do employees in the private sector have protection against intrusion into their workspace and private lives? Do any of the common law tort remedies offer the potential of privacy rights for private sector employees? Support your response.

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