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Privacy

Firing suspected thief? Don’t broadcast the reason

05/06/2009

Employee theft is a huge problem, and employers are sometimes tempted to make an example of a thief. They hope to discourage other employees from stealing. It’s a bad idea, because the alleged thief may sue for defamation. Instead, keep the information as confidential as possible.

Texas Supreme Court upholds noncompete agreement

05/06/2009

Texas courts ordinarily reject noncompete agreements that require employees not to disclose confidential information if the employer has failed to provide the employee with that confidential information. But now the Texas Supreme Court has modified that stance.

Employers: ‘Keep Out!’ Beware intruding in employee web sites

05/06/2009

It’s becoming a common problem: An employer discovers disparaging comments on an employee’s Facebook, MySpace or personal blog. Maybe a post reveals internal company information. Can the employer take disciplinary action? A series of new laws and evolving legal doctrines have placed limits on how far an employer can encroach on the private and off-site activities of its employees.

Check your policy! No privilege when e-mailing lawyer from work

04/27/2009

A New Jersey court has held that e-mails employees send to their attorneys via work computers are not protected by the attorney-client privilege. The court’s willingness to rule that an employer’s right to control how employees use its computer equipment trumps attorney-client privilege is significant. The decision makes it clearer than ever that employers should carefully consider the language they use in their employee handbooks.

What are the privacy rules when searching an employee? We suspect theft

04/22/2009

Q. Can we open an employee’s personal space or belongings—such as her locker, purse or desk drawer—if we suspect she is stealing?

New ‘red flag’ identity theft mandate takes effect in May

04/17/2009

If your organization sells products or services on credit, take note: May 1, 2009, is the deadline to comply with the identity theft requirements in the Fair and Accurate Credit Transactions Act. Dubbed the “red flag” rules, they require all financial institutions and creditors to create and implement a written program for “detection, prevention and mitigation” of identity theft of consumers’ data.

Study: When workers leave, so does company data

04/17/2009

More than half of employees (59%) who lost or left their jobs in 2008 took company data with them, according to a study by Symantec and the Ponemon Institute. Of those who admitted taking data, 61% had an unfavorable view of their former employers.

Secretly recording co-workers: A firing offense?

04/17/2009

Q. Some employees discovered that a co-worker has been secretly recording conversations with them and a supervisor. They’re complaining about the invasion of privacy. The company president’s first reaction was to have the employee arrested, but I’m not sure he broke any laws. Should we contact police?

Ignore privacy protests: You can review detailed call records from company cell phones

04/17/2009

Steelcase Inc. gave employee Patrick Morrissey two cell phones: one for business and one for personal use. Both billing statements went to his boss because Steelcase paid both bills. But the boss confronted Morrissey when he reviewed the bills and noticed Morrissey had made personal calls on company time …

Managing employee privacy: 6 steps to protect employer rights

04/09/2009

For more than a decade, Minnesota courts have recognized a person’s right to privacy. Most employers are aware that this right extends to the workplace, but many still run into potential employee-privacy trouble. But with some upfront planning and consideration, HR professionals can help their organizations avoid privacy pitfalls and still protect their interests.