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The webinar will cover a host of issues concerning when employers' rights in investigating their employees' conduct conflicts their employees' right to privacy. Can you search your employee's desk or locker? Can you search your employee's briefcase/purse? Can you search emails or monitor voice mails? What about video monitoring? What about that GPS tracker you have under those who are out in the field? What investigatory techniques can you use to investigate possible fraudulent workers' compensation claims or possible abuse of your leave policies? When can your investigatory techniques land you in court (or have landed other employers in court)?
Why should you attend:
In the age of the digital world, employers have more and more tools to "spy" on what their employees are doing - both on the job and off the job. Employees are increasingly filing suits claiming that employers are "crossing the line." Employers claim they have are just making sure employees are where they are supposed to be, investigating possible fraudulent workers' compensation claims or leave abuse, investigating misconduct, etc. What are employer rights? And when do employers cross the line?
Areas Covered in the Session:
Who Will Benefit:
- The four types of privacy claims recognized by most states.
- Case examples where employees have prevailed claiming an employer violated their policy. Case examples where employers of have prevailed.
- Special issues concerning governmental employers (Fourth and Fifth Amendment)
- Case Examples of Fourth Amendment Violations and What Went Wrong. When did the employer do it right?
- Elements of a Claim under the Electronic Communications Privacy Act
- Using social media to investigate what your employees are doing both on and off the job.
- Drug and alcohol testing and privacy rights.
- The ADA and employer's right to ask for an employee's prescription medications.
- What questions can lead to claims under the Genetic Information Nondiscrimination Act?
- Recommended Employer Policies
- Human Resource Managers
- Human Resource Supervisors
- Payroll Personnel
- Company Owners
Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.