The workplace is not private. Yet, many employees bring personal information to work, discuss personal matters, and use their business computers for personal use. Employees expect privacy at work, but that is not the case. Generally, they have no reasonable expectation of privacy at work, with very few exceptions.
Our employment attorneys have over 40 years of experience in employment law. We put our client’s needs first in all aspects of the case. Our attorneys aggressively pursue claims and fiercely fight to protect our client’s best interests.
Contact Lipsky Lowe LLP for a free consultation with a New York employee privacy rights attorney to discuss how your employer violated your rights.
How Lipsky Lowe LLP Can Help You With an Employee Privacy Rights Claim in New York City
Having your privacy invaded at work can be frightening, stressful, and overwhelming. You may be angry and embarrassed if your employer violates your privacy rights. If your employee privacy rights have been violated, we can help.
Our lawyers at Lipsky Lowe LLP have extensive experience in employment law. We are effective negotiators and seasoned trial attorneys. We do not hesitate to take cases to trial to protect our clients. Our law firm has the resources to handle the most complex cases.
When you hire our New York City employment attorneys, you can trust we will:
- Listen to what happened to you to have a complete understanding of the facts
- Explain how New York employee privacy laws impact your case
- Investigate your claim to gather evidence proving your employer violated your privacy rights
- Analyze the evidence to develop an effective strategy
- Negotiate a settlement when possible
- Take your case to trial if necessary
Our attorneys at Lipsky Lowe LLP are well respected by the legal community and our clients. We have top ratings with Avvo and Super Lawyers. Expertise awarded us the “Best Employment Lawyers in New York” in 2021.
Call Lipsky Lowe LLP to schedule a free case evaluation with an experienced New York employee privacy rights attorney.
Understanding Your Right to Privacy in the Workplace
Employee privacy laws can be incredibly complicated and difficult to understand. Unfortunately, the complex privacy laws make identifying when an employer violates your privacy rights challenging. New York has recently enacted employee privacy laws to broaden employee privacy rights.
Examples of New York employee privacy laws include:
Notice to Employees of Electronic Monitoring
The New York Civil Rights Law was amended in November 2021 to add Section 52-C. The law requires private employers to provide new employees with written notice of electronic monitoring. The employer must receive acknowledgment of the notice from the employee. Employers must also post the notice where employees can readily view it.
Activities that may be monitored include:
- Telephone conversations and transmissions
- Electronic mail and transmissions
- Internet access and usage
The devices that may be monitored include, but are not limited to, telephones, computers, radio, electromagnetic, and other electronics.
Employee Privacy Protection Law
Section 203-C of New York’s Labor Laws prohibits employers from violating a worker’s privacy by:
- Making a video recording of an employee in a locker room, restroom, or room designated as a place to change clothes, unless authorized by a court order.
- The employer may not use video recordings made in violation of this law for any reason.
Employees can file a civil action alleging their employer violated their privacy rights by making a video. The court can award damages to the employee, including attorneys’ fees and costs for bringing the action. The judge may also order injunctive relief against the employer.
Privacy of Personal Accounts
Assembly Bill A836 was enacted in March 2024. The law prohibits employers from requesting or requiring access to an applicant’s or employee’s electronic personal account. An example would be a social media account. The law is limited to personal accounts and has some exceptions, such as monitoring employee communications if necessary under federal law.
Common Workplace Privacy Issues
An employee has a “reasonable” expectation of privacy in the workplace. However, reasonable does not protect employees in every situation. Common privacy issues in the workplace include:
- Video surveillance and using cameras for purposes other than security
- Physical searches
- Accessing social networking sites
- Monitoring Internet usage and computer use
- Reading emails, documents, and other computer files
- Listening to telephone calls
- Performing credit and background checks
- Accessing medical and/or genetic information
- Monitoring personal internet and social media
- Drug and alcohol testing
- Searching an employee’s locker or desk
- Public disclosure of an employee’s private information
- Use of an employee’s name or likeness
- Portraying an employee in a bad light
- Monitoring recreational and legal activities outside of the workplace
An employer may have a legally valid reason for taking some steps that might appear to be invading an employee’s privacy. However, the employer may be required to obtain the employee’s consent before proceeding, such as obtaining an employee’s consent to run a credit check.
What Should I Do if My Employer Violates My Privacy in the Workplace?
Collect as much evidence as possible if you believe your employer violated your privacy rights. Make copies of memos, e-mails, and other documents related to the incident. Create a list of employees or other parties familiar with the situation.
Do not agree to provide a written or recorded statement to your employer or another party without legal advice. Likewise, do not sign a release, waiver, or other document without consulting a lawyer.
You may have several legal options for violations of employee private rights, including filing complaints with one or more government entities and filing a civil lawsuit seeking damages. The best way to know if you have a claim is to meet with a lawyer as soon as possible.
Schedule a Free Consultation With a New York City Employment Attorney
It can be challenging to balance employee privacy rights with company concerns. However, companies must find the right balance to comply with employee privacy laws, maintain employee trust, and preserve a positive work environment. When your employer violates your employee privacy rights, we can help.
Call Lipsky Lowe LLP to schedule a confidential consultation with one of our New York City employee privacy rights attorneys. Let’s discuss your legal options to pursue a claim for violating your privacy rights in the workplace.