Employee Rights

Federal and state wage and hour laws, anti-discrimination laws, whistleblower laws and laws dealing with employee benefits all create employee rights that are discussed in the sections dealing specifically with those laws. Many additional rights have been created by state and federal statutes and recognized by the courts of many states.

For example, employees in most states have a right to privacy. This right prevents an employer from searching areas in the workplace in which the employee has a "reasonable expectation of privacy," such as the employee's handbag, the employee's locker (if it is locked with the employee's own lock), private mail addressed to the employee, and the employee him- or herself, except in specific situations (for example, pursuant to a lawful drug-testing policy). The right to privacy also protects private employee information, so that an employer may not disclose information if that disclosure would be offensive to a reasonable person, and the information disclosed is not of reasonable concern to the public. Thus an employer who learns that an employee is going into rehabilitation for alcoholism, and who discloses that fact to the entire workplace, may be sued for invasion of privacy.

Employees also have a right to privacy in their telephone conversations and voice mail messages. An employer is barred from monitoring, taping, or disclosing such communications unless it has the employee's consent to do so, or is doing so in the "ordinary course of business," such as to monitor employee performance or prevent theft from the company, and has notified the employee that it will be conducting such monitoring. Furthermore, even where the employer may legally monitor workplace telephone communications, it is required, in most circumstances, to end any monitoring when it determines that the conversation or message is personal.

An employer likewise may not conduct a background or credit check of an employee or prospective employee unless the employer complies with the federal Fair Credit Reporting Act, which requires that the employer notify the employee or applicant in writing that it intends to conduct such a check and receive written permission to do so. In addition, before using such a report against an employee or applicant, the employer must provide the employee or applicant with a copy of the background check report and an explanation of his or her right to contest the information contained in the report directly to the company or person who prepared it. The only exception to these requirements is for investigation of an employee who has not specifically applied for a position-for example, if the employee is suspected of misconduct.

Similarly, most employees may not be required to take a lie detector test. In 1988 Congress passed the Employee Polygraph Protection Act, which states that an employer may not "require, request, suggest or cause" an employee or applicant to take a lie detector test, use the results of any such test, or retaliate against an employee or applicant either for refusing to take such a test or based on the results of such a test.

An employer may require a polygraph of an employee only if he or she is reasonably suspected of involvement in a "workplace incident" that results in damage to the employer. A job applicant may be required to submit to a polygraph only if he or she is applying to work for an armored car, security alarm, or security guard company and will be protecting facilities or materials involving health and safety, national security or currency, or if he or she is applying for work with a manufacturer of controlled substances.

The Consumer Credit Protection Act protects employees from being retaliated against because their wages have been garnished and limits the amount of pay that can be deducted from an employee's weekly pay due to garnishment. In general, only thirty percent of an employee's net pay (that is, pay after taxes, Social Security, and unemployment have been deducted) may be garnished for general debts, and up to sixty-five percent for child support or alimony.

Finally, an employee who is a member of the military has the right to be reinstated to his or her position after taking time off, either voluntarily or involuntarily, to serve on active duty or for training, as long as the employee reports back to his or her civilian job in a "timely manner."

QUIZ: Workplace Rights
How well do you know your workplace rights? Are your rights as an employee the same as your rights as a U.S. citizen or national? Do all workers have the same rights? Test your knowledge of legal rights in the workplace by answering "true" or "false" to the statements below.

True or False	1. I have the right to be considered for a job without regard to my race.
True or False	2. My employer isn't allowed to just fire me from my job because of my religious beliefs and practices.
True or False	3. Female employees have the right not to be sexually harassed, but male employees don't have this right because a man can't be sexually harassed.
True or False	4. Under federal law, we have the right to workplace safety, which means our employer has to give us protection against job hazards and limit our exposure to dangerous substances.
True or False	5. Once I reach age 65 I can't be fired.
True or False	6. Gay and lesbian employees have the same workplace rights as straight employees.
True or False	7. My e-mail messages are my own private business and my employer has no right to read them.
True or False	8. All employees have the right to health insurance.
True or False	9. People from other countries have the same rights as U.S. citizens to have a job without discrimination.
True or False	10. My co-worker has the right to time off to take care of his sick wife, but I don't have the right to take time off to care for my terminally ill neighbor.

Your employment lawyer will know that these are the correct answers:

1. True; 2. True; 3. False; 4. True; 5. False; 6. True and false -- it depends upon the law of the state and locality; 7. False; 8. False; 9. True and false -- it is unlawful to discriminate on the basis of a person's country of origin or nationality, but people from other countries only have the right to work in the United States if they have obtained that right from the U.S. government.; 10. True.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.