Can my employer video record me in a manager’s office setting without my knowledge?

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Can my employer video record me in a manager’s office setting without my knowledge?

I found out today that a device recently installed in our office we were told it is a

Asked on January 13, 2017 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Generally speaking, it is is perfectly permissable for an employer to have video/audio surveillance in the workplace. As a rule, no employee consent is required for this.  Essentially, there is no constitutional right to privacy if there is no "expectation of privacy".  Therefore, while an individual has an expectation of privacy in their own home, courts have held that an employee has no such expectation in the workplace.  Accordingly, businesses have the right to install surveillance systems. The only places that such systems are prohibited is in bathrooms/dressing or break rooms.  Other than these areas, an employer is usually permitted to oversee and record any inside the office/common areas (hallways, lobbies, etc.). That having been said, most times an employer discloses that surveillance equipment is being used on the work premises, and under some state laws may be required to do so. At this point check your employee handbook for company policy conrning on this or see if the issue is addressed in any applicalbe employment contract or union agreement. You can also consult directly with a local employment law attorney.


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