You do not automatically waive your right to privacy when you accept a job offer. An employer must be clear with their expectations and information policies throughout the duration of your employment. If you feel discriminated against because your boss found out confidential and sensitive information about you by violating your privacy, you may have a legal cause of action to sue. Here is more information about how to determine if your rights are being violated and whether you should contact a discrimination lawyer:
Reasonable Right to Privacy
Not all of your employment data is automatically private. In determining whether your rights have been violated, courts will try to look objectively at the data breach. Judges will consider whether there has been a reasonable expectation of privacy by the employee and whether the employer’s conduct has been unreasonably intrusive. Looking through a company email database may be normal, but using a keystroke logging software to steal your personal bank password is not. Only an experienced employment lawyer can help you gauge the strength of your claim.
Most Technology Is Not Private
It is important to note that your employer can assert their rights over all the data on your company laptop, desktop, or Blackberry. In using their hardware, you consent to the employer’s policies regarding usage and data storage on company hard drives. Whenever possible try not to send personal or sensitive information through these channels, as your employer can control these files. However, courts have looked slightly more favorable on checking web-based email on company computers.
If you feel violated because your employer found out something sensitive by violating your workplace privacy, you may have a legal claim. Only an experienced employment rights attorney can assess the strength of your claim. California resident should all (888) 703-2911 to schedule an appointment with the San Jose office of Advocacy Center for Employment Law.