Privacy Issues in the Workplace


Instructor: Bob Oberstein
Product ID: 706739

  • Duration: 90 Min
Most employees insist they have privacy rights, especially at the workplace. But few know what those rights are. Likewise, not every employer or manager know what the employer’s privacy rights are or what their obligations are when it comes to respecting an employee’s privacy rights and what the penalties are for not doing so. And that was in a pre-Covid-19 world!
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Why Should You Attend:

If you, do not know what an employee and employer’s rights privacy are and do it wrong, are you prepared to face the consequences of actual, compensatory, or punitive damages and damage to your own professional reputation and standing within your work community? And what about COVID-19 or the next pandemic? For the foreseeable future the workplace will be raising issues about an employee’s privacy rights to refuse to wear PPE, be tested, vaccinated or contact traced both at work or in their personal life. Such privacy issues are inevitable since COVID-19 and the very nature of any pandemic is its highly communicable nature and effects not just the employee but others as well. So, if fortune favors the prepared than this webinar will help you be ready to help guide you through this maze of privacy rights by exploring the foundations, current state, and possible future changes of privacy in the workplace.

Areas Covered in the Webinar:

  • What the U.S. Constitution (1st, 4th ,5th and 14th Amendments) says about privacy, how the courts interpreted it and how it affects the workplace?
  • What is meant by “Invasion of privacy “and what are the balancing tests and exceptions courts use to determine if the following concepts were violated?
    • “Reasonable expectation of privacy.”
    • “Intrusion into seclusion.”
    • “Unreasonable publicity” of one’s private life.
    • False light/defamation
  • Remedies and employer defenses for “invasion of Privacy” claims
  • How and why employer obligations differ in the private and public sectors.
  • Federal v State privacy law differences
  • Different types of Invasions of Privacy claims
  • Searches
  • Political speech and privacy
  • Monitoring and Surveillance
  • “Employment at will” versus privacy
  • Employer investigations and employee privacy rights
  • Statutory privacy rights

Who Will Benefit:

All level managers, supervisors, and executives. All Levels of both in-house and outside counsel. All levels of Union representation and officers (stewards, Business Representatives, Business Managers, Presidents, and all officers/ board members). All levels of Human Resources and specifically labor Relations. All levels of security personnel/staff.

Instructor Profile:
Bob Oberstein

Bob Oberstein
Trainer, Self employed

Bob Oberstein is uniquely qualified with over 50 years of Labor Relations experience on both sides of the table in both the private and public sectors and is the recipient of the Federal Mediation and Conciliation Service Director's Award for lifetime achievement in promoting positive Labor Management Relations. Bob also was the Director of the Labor Management Relations BA and certificate programs at Ottawa University, Phoenix where he also developed and taught Labor Relations and Human Resources related courses on both the graduate and undergraduate levels. Bob has several published articles to his credit in addition to his arbitration awards and has also been recognized in Who’s Who Among America’s Teachers. Additionally, Bob has served on several boards and commissions and panels where he participated in resolving or adjudicating all manner of workplace issues in a variety of industries. Moreover, Bob also holds a Master of Jurisprudence in Labor and Employment Law from Tulane University's School of Law. Bob has and continues to serve the labor management community as well as other groups as an Arbitrator, Mediator, Facilitator, Investigator, Trainer and Educator.

Topic Background:

Do you know what an employee’s and employer’s privacy rights are? And if they claim such rights exist under the U.S. or a State constitution, statute or the common law if they are right or how will you respond? Can you identify if any policies, practices or actions create an unreasonable “intrusion of seclusion” or places someone in a “false light” in the public eye (defamation)? Are you inadvertently appropriating someone’s name or likeness without their consent? And what about monitoring, surveilling, or searching employees without violating their privacy rights? And if you, do it wrong, are you prepared to face the consequences of actual, compensatory, or punitive damages and damage to your own professional reputation and standing within your work community? This webinar has been developed to answer all these questions and more by exploring the foundations, current state, and possible future changes of privacy in the workplace.

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