Is it legal to survey an employee off premises
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to survey an employee off premises
Our boss had an employee followed
during a lunch break and took pictures
is that legal. The pictures were
captured off premises without the
employees consent
Asked on August 16, 2016 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
While unusual, conducting surveillance on an employee during their off duty hours is not illegal, unless of course it devolves into a stalking situation. The fact is that an employer has the legal right to know how a worker is conducting themselves off the work premises, even it is on the employee's time off.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It is unusual, and it is quite frankly inappropriate, but it is legal: any person can be photographed in a public area (e.g. a street; a restaurant; a bar; a store; etc.), and an employer has the right to have employees followed to determine what they are doing when not at work, the same way as any person (e.g. a spouse who believes he/she was being cheated on) can have a person followed if they want.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.