Litigation

EMPLOYERS SPYING ON EMPLOYEES

By Mark P. Loftus, Esq.

According to a recent story in the ABA Journal, employers are now spying on employees to make sure the workers are not abusing employment leave policies. The story explains that employers are becoming increasingly frustrated by what they consider to be abuses of leave granted to employees under the Family Medical Leave Act. More and more employers feel they need a new weapon - like surveillance - to combat malingerers who are abusing their leave under FMLA. And, in some instances, the surveillance has been successful. One employee on sick leave was caught bowling, while another was actually taped working at a second job. Lawyers for workers, on the other hand, are arguing that the surveillance amounts to harassment and will have a chilling effect on other workers who won't take necessary leave because they are afraid of surveillance. And, employee rights attorneys suggest that the surveillance may lead to independent causes of action, such as retaliation or harassment against the employer.

Full post as published by Illinois Lawyer Blog on September 06, 2008 (boomark / email).