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Employer Versus Employee Privacy Rights Issues

The recent economic recession has caused employers to be more cautious about whom they trust to complete their work

. Human resource departments work diligently to keep the costs down that are associated with lack of productivity. Many workforce issues such as drug use and personal technology use contribute to millions of dollars lost annually. New technology and other advancements have made it much easier for employers to monitor their employees.

In terms of technological use in the office, employers have many tools available to them for monitoring purposes. Employers can keep track of phone calls made from their office as well as track computer and internet use. Email and voicemail are also checked frequently. Laws surrounding employee privacy rights are so gray, its nearly impossible to tell when an employer legally oversteps their bounds.

Several employers have written policies regarding their monitoring policies and practices to avoid any confusion. It appears the only real way to avoid monitoring at work is to use your own personal mobile device. Did you know that even your texts on a company phone are subject to review?

In addition to workplace use of technology, many employers are catching criticism for strict drug screening. Many opt for random drug tests in order to catch and deter their employees from using illegal substances. This is especially true for companies that use heavy machinery and other dangerous equipment. Drug use in the workplace has been connected to problems such as workplace hazards and absenteeism. In order to avoid such problems, employers often drug test before and occasionally after an employee has been hired.


Employers who drug screen also enjoy reduced employee healthcare costs. Insurance premiums for employees are typically reduced when an employer tests their workforce for drugs. As of today, employers have the right to require a wide variety of drug tests including saliva, hair, urine and blood tests. Each individual state has its own laws and policies regulating drug testing in the workplace.

by: Erin Holladay
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