Avoiding Invasion of Privacy Claims
An employer’s investigation of an employee’s potential misconduct can give rise to various claims relating to invasion of privacy. Employer investigations can take many forms, from physically searching an employee’s desk, locker, or automobile following a complaint of stolen property, to retrieving an alleged harasser’s emails and voicemails while investigating a sexual harassment complaint, to drug and alcohol testing following a workplace accident. Privacy laws differ quite a bit from state to state. Accordingly, it is important to consult with local counsel regarding state law requirements, especially with respect to drug and alcohol testing which is one of the more heavily regulated areas of employment law. With that disclaimer, there are certain measures that all employers can take to reduce their potential liability for invasion of privacy claims in virtually all jurisdictions.
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