When you go to work, you may be like most employees, simply looking to do your job and go home at the end of the day. That’s why it can be unsettling to discover that you have been subject to workplace surveillance. Though you may assume this is illegal, it may not be the case. As such, familiarizing yourself with the laws in place regarding this matter can help you protect your rights and know when a violation has occurred. The following blog explores what you should know and why it’s imperative to connect with a Pennsylvania employee rights lawyer who can provide additional assistance.
What constitutes workplace surveillance?
Workplace surveillance occurs when an employer uses different methods to watch their employees to collect information. Generally, this is common in instances where employees are remote, as it allows employers to determine whether or not their workers are active and working for their contracted hours. This includes cameras, software monitoring, and keystroke logging. Similarly, email and phone monitoring are generally considered legal, if they are business communications.
However, some employers may take additional measures to surveil you, like trying to hack your social media accounts or gain access to your passwords through phishing scams. Like anyone else who tries to gain access to your private accounts, this is prohibited.
Is workplace surveillance legal in Pennsylvania?
It’s important to understand that in most cases, it is legal for your employer to use measures like video recording or software monitoring to surveil you in the workplace or during working hours if you work remotely. It’s important to note that video surveillance cannot include sound. This is because recording a party without their consent can be deemed a felony offense, as Pennsylvania is a two-party consent state when it comes to audio recordings. The only time this is permissible is in the event that the other party has agreed.
However, there are other instances in which this surveillance becomes illegal, such as being recorded in areas where privacy is expected, like break rooms, locker rooms, or bathrooms. Similarly, if you can prove that you were never informed that emails sent were not confidential or private, you may have a case against your employer.
What should I do if I believe my rights were violated?
If you have reason to believe your privacy rights were violated by your employer, you’ll want to connect with an experienced attorney to discuss the circumstances of your case. Working with an attorney can help determine whether or not you are a victim of illegal workplace surveillance, and if so, the best course of action to take in pursuing justice.
At Friedman Schuman Layser , we understand how violating it can feel to find your employer is illegally monitoring you. That’s why our team will do everything possible to guide you through these complex times to fight for the best possible outcome for your circumstances. Connect with us today to learn how we can fight for you.