Employee Privacy Rights in the Workplace Essay

Employee Privacy Rights in the Workplace - Essay ExampleThe employees, caught in the middle, depend on destinations to find remunerative employment, but may jeopardize their eligibility if a reference portrays them in a negative light. The wider community (consumers, families, friends and acquaintances of employers and employees) may be equally affected when full disclosure does, and does not, occur.It is contended in this paper that it is vital that standardized national laws should be developed to protect past and future employers, the employees themselves, as well as the communities they work within. Firstly, the developing trend of litigation against former employers will be presented. Secondly, the laws across the states will be outlined in regards to former employers disclosure of ex-employee information. Thirdly, reasons to standardize the laws will be provided. Finally, a conclusion shall synthesize the main points of the paper, and provide support for the adoption of a s tandardized national employment and labor policy in regards to stopping point disclosure.It is becoming more common for employees to ask their former employers for a written reason for their termination of employment, as well as a copy of their strength record (Boisvert, 1999). It has been suggested that for preceding employers, such a request is a cause for concern, as it is often a clear indication of discontent on behalf of the employee, and apt(predicate) that the employee has consulted with a lawyer and is considering a lawsuit. As such, it is recommended to employers to assume they may be as risk of being sued, and to seek advice from their attorney immediately (Boisvert, 1999). When an employer terminates an employee they must be aware of the risk of being presented with a lawsuit, and have risk management policies in place to minimize such an event from occurring. The process of providing a reference for the employee will play a large part in determining if the employee can make a legal claim (Boisvert, 1999). For this reason, there has been an increasing course for employers not to provide comprehensive details of a former employees work practices. Many employers are heeding their lawyers advice to tailor references to provide a neutral profile of the employee. In general, this involves confirming the employees position, dates of employment and salary (Boisvert, 1999).There are numerous areas of potential liability for the former employer when providing a reference (Lovett & Potter, 2004). Most notably, is the risk of being sued for defamation or invasion of privacy. There is also the risk of liability for retaliation, such as when management takes revenge on an employee for a past non-compliance within the organization. Another liability risk is that of compelled self-publication which occurs when an employee must repeat what they perceive to be false allegations as their reason from termination, so that the future employer does not hear it fir st from a previous employer (Lovett & Potter, 2004). In general, employers should implement policy for the response to requests of a written reference, or for requests of information from future employers (Boisvert, 1999). It is recommended that such a policy prohibit employees from disseminating information just about their co-workers, and that the policy direct all inquiries for information