Privacy is something that every person takes very seriously, and we often go to great lengths to protect our privacy. Unfortunately, violations of privacy happen all too often, especially these days when so much of our personal and professional information is kept and can be accessed online.
People may understand that they have a reasonable expectation of privacy when it comes to things like their personal email accounts and banking information. However, in the workplace, people generally do not have the same right to privacy that they have in their home. This can create some complications and misunderstandings when an employee is fired or penalized for something he or she wrote in an email.
Employees should know that workplaces — including an employer-provided computer, phone, pager and vehicle — belong to the employer. This usually gives an employer the permission to monitor things like emails, chat logs and phone calls when they are carried out using employer-owned or company-provided equipment.
What this means is that employees may face disciplinary actions, including termination, if employers discover that a person is misusing the equipment, engaging in prohibited actions or sharing information improperly while monitoring phone or email conversations.
Generally speaking, an employer may be able to fire a worker for misusing work equipment or as a result of information they find in an employee’s emails, unless of course there is reason to believe that the termination or monitoring policies are discriminatory. However, the laws regarding workplace privacy and the rights of employees and employers are very complicated. They also vary based on state and type of business.
Any employer or employee with questions about privacy rights in the workplace and potential violations of these rights would be wise to discuss the specific case with an attorney familiar with employment laws in Maryland.
Source: FindLaw.com, “Privacy at Work: What Are Your Rights?” accessed on Feb. 3, 2015