California Employee Privacy & Rights Lawyer
California provides employees within the state some of the strongest privacy protections in the entire country. These privacy rights are outlined in the California Constitution and they apply to employees in both private and public sectors. Employees and employers alike though, are often confused about what these laws entail. Below is a general outline of many of the privacy rights employees in the state enjoy. If you feel as though your employer has infringed on your privacy, a California employee privacy & rights lawyer can help you make things right.
Employers in California have the right to ask employment candidates to undergo a drug test as a condition of their employment at the time of hiring. However, once an employer has hired a worker, they can no longer require that they undergo random drug tests, unless their job is safety-sensitive. The only other time an employer can require an employee to take a drug test is if they believe an employer is under the influence of drugs or alcohol while on the job.
Social Media Profiles
It is not uncommon for employers to look at a potential employment candidate’s social media profiles to determine what type of person they may hire. This is a lawful practice. However, employers are prohibited from asking employees or employment candidates for the password or username of their social media profiles at any time.
Romantic Relationships Within the Workplace
Employees have the right to conduct themselves in a certain manner off the job and not feel as though their job will be threatened as a result. The courts in California have allowed employers to enact policies that prevent a supervisor from dating an employee. These decisions have been made to protect employees from unlawful sexual harassment. However, there is no law stating that employers can punish or retaliate against employees that are dating co-workers.
Employees often have to send emails pertaining to work while they are on the job. When they use a work computer to do this, the employer has the right to monitor the account, which includes reading any email an employee may have sent using a work phone or computer. Like social media profiles though, employers cannot ask to see an employee’s email they use for personal use and that does not include the use of a work device.
Employers may want to tape record employees with the intent to monitor them when they are unsupervised, or to gain information that may help them with employment decisions. However, California law prohibits anyone from recording other people without the consent of all parties. Not only can employees take action if their employer tape records them and uses information gained as a result against the worker, but employers may also face fines or even imprisonment.
Our Employee Privacy & Rights Lawyer in California Will Fight for You
Everyone has the right to expect privacy when they go to work. If your employer has violated your rights, our California employee privacy and rights lawyer at Obagi Law Group, P.C., will fight to make it right. Call us today at 424-284-2401 or contact us online to schedule a consultation.