b'Privacy in the WorkplaceWho, What, Why . . . Who does it apply to: Any employer who monitors employeeEmployers must obtain advance consent from their employees emails, issues employees a cellphone, or might ever want toto listen in on calls, and even so, employers must hang up on search an employees workspace. Even if you dont think youany call as soon as they determine it is personal.are the snooping type, there may come a day where you think an employee is stealing, on drugs, or misusing company facilities inAre cellphones the same: It is virtually impossible for an employer ways you never imagined and you will suddenly care. to listen in on a cellphone call as it occurs. There simply isnttechnology to support it. That leaves voicemails, text messages, What privacy rights do citizens have in general: The Fourthphotos, and video. For these items, it is still necessary for the Amendmentprotectsprivatecitizensfromgovernmentemployer to obtain consent, even if the employer pays for and intrusions. There are legal claims available for citizens to bringissues the cellphone. against other citizens who intrude on their privacy, but these claims are limited. Whataboutvideocameras:Employersmayplacevideo cameras in their facilities, however, a little common sense is How do privacy rights translate into the workplace: Simply put,necessary. You cannot place a video camera in a restroom or they dont effectively translate. Private employers are not subjectlocker room because employees do have a right to expect some totheFourthAmendment,andtheycanmakeemployeeslevel of privacy there. Also, if you are going to use video, you surrender most of their other privacy rights as a condition ofneed to let the employees know so they dont expect privacy in employment. that environment.Wherecanemployersconductphysicalsearches:UnlessWhenarepolygraphsacceptable:Generallypolygraphsare the employer creates an expectation of privacy (intentionallynot allowed under the law, but there are a few exceptions. (See orunintentionally)anemployercansearchanywhereonitsPolygraph section.)premises. Can I monitor the Internet: Employers can monitor employee Can an employer look at employee email: It depends on the typeInternet usage at work. That said, employers must be careful of of email. An employer can search and read employees workmonitoring employees on social media sites. Employers cannot email that is run through a company server. A private webmailfire employees for complaining about supervisors, wages, or account that the employee looks at on the company computerworking conditions on the Internet. This is considered pre-union is a different story. Employees have an expectation of privacyactivity and is protected under law. (See Social Media section.)in a separate email account for which the employee holds the sole password. Unless the employee surrenders the passwordWhataboutemployeehealthinformation:Employersmust in advance and uses the webmail account for work purposes,protect employee private health information under the federal employers should steer clear. HealthInsurancePortabilityand Accountability Act(HIPAA). (See HIPAA section.)What about work phone calls: An employer might think that they are automatically entitled to listen to employee calls. After all, the employer owns the phone. Unfortunately, that is not accurate.63'