Privacy Rights and Invasion of Privacy
The State of California ensures of the privacy of
employees by several means. Section 96(k) of the California Labor Code
prohibits employers from punishing their workers for lawful off-duty conduct.
In enacting subdivision (k), the Legislature found that "absent the protection
afforded to employees by the Labor Commissioner, an individual employee is
ill-equipped and unduly disadvantaged in an effort to assert civil rights
guaranteed by Article I of the California Constitution." The Legislature also
found that it is not in the public interest to permit employers to "deprive any
employee of any constitutionally guaranteed civil liberties" and that
subdivision (k) was necessary to "protect the civil rights of individual
employees." Under the California Constitution, Article I, Section 1, protects
against the dissemination or misuse of sensitive and confidential information,
interests in making intimate personal decisions or conducting personal
activities without observation, intrusion or interference, the freedom of
intimate association with others (e.g., marriage, family and sex life), and the
freedom of expressive association (e.g., political, social, economic, religious
and cultural groups). Privacy right lawsuits often arise out of investigations
and drug-tests by employers, including employer examinations of an employee's
email messages.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 876-5744
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
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