5 Things Employers Need To Know About Workplace Privacy Laws

As a business owner, you are likely well aware that the success of your company will largely depend on the quality of your employees. Their conduct both on and off the clock will impact multiple aspects of your business, including customer satisfaction, the quality of your product/services, and your company's overall reputation.

With so much at stake, the urge to monitor your employees' behavior is natural and expected. However, employees have a basic rights to personal privacy that you, as the employer, must respect. Violating these rights not only reflects poorly on you as an employer/business owner - it may also result in legal consequences. This week, our employment attorney in Lake Ozark, MO is here to help you understand some general guidelines about workplace privacy laws.

Things Employers Need To Know About Workplace Privacy

1. If You Own It, You Can Search It.
As an employer, you rarely (if ever) have the right to search your employees' personal belongings or devices. However, if your company owns the items in question, you have a right to search it if you believe you may find evidence that your employee is violating the law or your company's policies. Cars, laptops, phones, and other electronic devices are examples of items that you may be able to search.

2. You Can Listen In, But Not In Secret.

Employees are generally not allowed to take extended personal calls on office phone lines, for obvious reasons. Supervisors are typically allowed to monitor corporate calls to ensure that employees are handling client calls appropriately and that they aren't violating the company's rules about personal phone calls. However, it is wise to make sure that your employees know that you may choose to listen in on phone calls occasionally. Having new hires sign a waiver expressing this understanding may be a smart practice.

3. You Can Monitor Employees' Web Usage.
If your employees waste hours per week (or per day) browsing the web in ways that aren't related to work, they're not only hurting your company's overall productivity - they are essentially stealing from you by taking payment for time that was not spent working. Understandably, you may wish to monitor and, if necessary, restrict your employees' web usage while on company premises. Social media sites and sites containing adult content are common examples of websites that employers may choose to block. Generally speaking, blocking these sites from your employees' individual browsers or from your company's entire internet network is within your rights.

4. Off The Clock Is Out Of Your Jurisdiction.
Employees are crucial to the life of your business, but they are entitled to lives of their own as well. What your employees choose to do when they are not on the clock is their own business. You are not allowed to monitor their web activity, texts, or phone calls when they are off the clock, for example, nor are you allowed to track where they go or whom they spend time with. 

5. It's Better To Be Better Safe Than Sorry.
As a general rule, you are welcome to closely monitor employees while they are on the clock, on company premises, or using the company's belongings. However, when they are on their own time or using their own items, it is best to give their privacy a wide berth. 

If you have questions about whether or not certain searches or monitoring efforts are within your legal rights, don't hesitate to reach out to our employment lawyer at the Lake of the Ozarks. We can evaluate your specific situation to determine the best course of action. It is better to be proactive than to risk violating privacy laws!

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Invalid Reasons To Fire Someone

As a business owner with employees, it is your responsibility to build a team of professionals dedicated to your company's success. Significant challenges may arise when someone on your staff is not working towards the common goal of helping the company succeed. Smaller (but no less taxing) challenges may arise when someone on the team does not get along well with the rest of the staff. Unfortunately, firing an employee who is not a good fit for the company may not always be as simple as it sounds. Our employment attorney in Camden County MO is here to help you avoid stumbling into any adverse situations.

The Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) has developed a list of strict rules governing employers who hire and fire employees. The EEOC is designed to protect women and minorities who, in the past, have been discriminated against in the workplace based solely on certain characteristics. In an effort to ensure that all people are treated equally, the EEOC prohibits employers from making employment decisions about existing and potential employees based upon any sort of physical, cultural, ethnic, or religious characteristic.

Invalid Reasons To Fire Someone

There is an employment doctrine called "employment-at-will," which essentially allows employers to fire employees whenever they wish, sometimes seemingly for no reason at all. While the employment-at-will doctrine does not require employers to have specific reasons for firing someone in some cases, there are still certain reasons that cannot be used under any circumstances. If an employee can make a case for their termination being tied to one of these invalid reasons, the employer may face serious legal repercussions. For example, you cannot terminate employment because:

• Your employee is a woman or other minority.
• Your employee follows a different religion than you do.
• Your employee is over a certain age.
• Your employee belongs to a different nationality.

Beyond the regulations set by the EEOC, there are additional reasons that may not be used to fire someone. For example, employment decisions may not be used as a form of sexual harassment (e.g., terminating employment because your employee refused your request to go out on a date). You also cannot fire someone for "whistle blowing" - in order words, someone who reveals your company's illegal practices to the local authorities.

What Conditions Must Be Met In Order To Fire Someone?

In order to rightfully and lawfully terminate employment, you must be able to prove that the employee was not a good fit for the company and/or that the employee was not adequately meeting the expectations set forth within the job description and requirements.

Even if you terminated employment for valid reasons, a vengeful ex-employee may be able to create a convincing workplace discrimination case if you do not have documentation to back up your decision. If you hired a replacement that was ten years younger, for example, your ex-employee may be able to build a case for age discrimination even if that was not your true reasoning or intention. This is why it is important to always preserve documentation that supports your decision to fire someone (e.g., copies of emails requesting that a specific task be completed by a certain time). 

Contact Us With Questions About Employment Law

Employment law is a complex legal field - one that must be navigated carefully in order to avoid inadvertently creating a challenging situation. Our employment attorney in Osage Beach MO has the skills and expertise you need to protect your business interests as you manage employees. For more information about our employment law services at the Lake of the Ozarks, visit us at www.RGibbonsLawFirm.com.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.