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Privacy

Can we open employees’ ‘confidential’ mail?

07/17/2009

Q. Can we legally open all mail delivered to employees at the office? What if it is stamped “confidential,” can we still open it? This is getting to be a problem because our mailroom opens all mail automatically.

Delphi learns the hard way: Don’t mess with medical records

07/06/2009

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected. Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records …

Exonerated, gone anyway: You can independently assess misconduct

06/26/2009

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal. That means employers still have the right to make their own decisions about conduct and what they believe happened.

Monitoring the virtual water cooler: Facebook and beyond

06/26/2009

Odds are that many forms of social media, such as Facebook and Twitter, are already thriving in your workplace. As an employer, it’s best to make a conscious decision about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

Can we listen in on employees’ phone calls?

06/26/2009

Q. We have a good reason to believe that one of our employees is divulging proprietary company information to a friend of his who works for our competition. We have a device that would allow us to listen in on his phone conversations, but not record it. Is it within our rights as an employer to listen in on his calls?

Are Facebook postings private? Bosses and workers disagree

06/22/2009

Managers and employees have opposing views of privacy when it comes to employees’ off-duty postings on social networking sites, such as Twitter and Facebook. In a recent Deloitte survey, 60% of executives said they have a right to know how employees portray their companies online, but 53% of workers said their off-duty posts are none of their employers’ business.

Bosses, staff atwitter about social networking sites

06/05/2009

Bosses and employees have very different views of employee privacy when it comes to posting on social networking sites, according to a recent Deloitte survey. Sixty percent of executives responding to the survey said they have a right to know how employees portray their companies online, but 53% of workers said their off-duty posts are none of their employers’ business.

Are employees twittering the day away?

06/01/2009

Whether they’re shooting off their own “tweets” or following others, workers using Twitter—the fastest-growing social networking site—are creating liability and PR risks with their 140-character rants, raves and company gossip. Advice: Draft a brief policy on  your organization’s expectations for employee’s use of Twitter and other social networking sites (plus video).

Are noncompete agreements legitimate in Texas?

06/01/2009

Q. Can noncompetition agreements be enforced against at-will employees in Texas?

Curiosity about co-worker’s accommodation not harassment

05/11/2009

Even though employers must maintain confidentiality when a disabled employee receives ADA accommodations, other employees are bound to notice. For example, they might ask how the employee got a good schedule or even if she has a disability. That doesn’t amount to disability harassment.