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Applying Non-Employment Laws in the Workplace
Working on an employer's premises and time justifies a modification of the
civil laws that protect all of us from being injured or violated by the
acts/omissions of another. While most civil laws still apply in the
workplace, they are diluted and/or construed in deference to the prerogative
or an employer to control the conduct of its employees; and because
employer's are often responsible for the welfare of (in a fiduciary role as
to) employees in the workplace.
For example, an employer can defame an employee only by abusing the
conditional privilege of being able to discuss the employee among
management. As long as the discussion stays within the managerial "chain of
command," it is nearly impossible to hold an employer accountable for
defamation.
Even constitutional rights are subject to dilution. We all enjoy a right to
be free from state intrusion on our First Amendment right to privacy.
However, to the extent privacy rights are implicated (as for state and
municipal employees), employees have a lower expectation of privacy, and
therefore a lower level of protection against intrusions on privacy. For
example, the use of e-mail sent/receive/stored on an employer's computer
system becomes the property of the employer, and subject to the employer's
review, virtually at will.
As a very broad rule of thumb, employees do not generally lose the rights
and protections of the civil laws in the workplace - but employers are
generally able to benefit from broader defenses to alleged violations of
those laws.
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