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Privacy

What should we do? Applicant refused to authorize background check

04/02/2009

Q. An applicant, citing reasons of privacy, has refused to sign the written authorization to permit a background check. What can we do?

Employer can check employee cell phone records

03/18/2009

Patrick Morrissey worked for Steelcase Inc., which provided him with two cell phones, one for business and another for personal use. Both billing statements were sent to his boss, Brent Golembieski, because Steelcase paid both bills …

What’s the Minnesota law on confidentiality agreements? Are they enforceable?

03/12/2009

Q. Our company works with proprietary and confidential information. We would like to protect ourselves from having that information get disclosed to competing companies. Are confidentiality agreements enforceable? If so, must they be signed at the start of a new employee’s job in order to be valid?

Coping with seriously ill employees and inquisitive co-workers

03/06/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potential legal liability problems. The key is balance …

Lost in MySpace: Know the law before searching web for applicant info

02/24/2009

Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.

Warn everyone on staff: E-mail isn’t ‘private’

02/24/2009

Are you looking for a way to discourage employees from using the company e-mail system to send personal messages and curtail circulation of potentially harassing or discriminatory communication? Then tell them about the case involving Henry T. Nicholas III, the embattled co-founder of Broadcom.

Personal information on work computers: No expectation of privacy

02/24/2009

A New Jersey appeals court has held for the first time that an employee has no reasonable expectation that personal information stored on work computers is private—even if the employee has created a separate password to protect the information. Employers have the right to search work computers.

Sleeping in peace: Can employee claim that video of his on-duty nap violates his privacy?

02/19/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took a high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

What if worker objects to her name on holiday card?

02/19/2009

Q. An employee objected to us putting her name (just her first name!) on our company’s “Holiday Greetings from Our Staff” card. She said she doesn’t celebrate holidays for religious reasons and using her name without permission was illegal. The boss said she should “get over it.” Did we set ourselves up for a lawsuit?

Employee wants FMLA leave: Can we contact her health care provider?

02/12/2009

Q. When one of our employees requested FMLA leave, we asked for medical certification of a substantial health condition from her health care provider. We received the form, but cannot read some of the physician’s handwriting and do not understand some of the responses. We also need additional information not requested in the medical certification form. Can we seek clarification from the health care provider?