Is it legal for an employer to “bug” your office?

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Is it legal for an employer to “bug” your office?

I work for a public school district and I believe our supervisor has bugged our office so she can listen to conversations that we are having when she is away. Is this illegal? What rights do I have if she has?

Asked on February 19, 2012 under Employment Labor Law, Missouri

Answers:

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

Answered 12 years ago | Contributor

The right to privacy comes down to an individual's "expectation" of privacy.  For instance, a person has an expectation of privacy in their own home.  However, such an expectation of privacy in the workplace is different.  The fact is that, an employee has no expectation of privacy at work.  In general, employers have the right to install recording devices  in the workplace as they see fit.  The only exceptions where such devices are prohibited are the bathroom or employee changing rooms.  Other than these areas, an employer is permitted to record any inside any office and/or common areas. 

Note:  The above having been said, in cases where audio equipment is hidden, courts tend to limit employer rights to a certain extent. 


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