Media Mentions

Jan 21, 2011

Ariel Cudkowicz, Kent Sinclair and Erik Weibust Published in Insights
"Employers Rights and Responsibilities: Monitoring Employee Communication in the Workplace"

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Seyfarth attorneys Ariel Cudkowicz, Kent Sinclair and Erik Weibust's article was published in the Winter 2011 edition of NEHRA’s Insights magazine. Their article discusses the Quon v. City of Ontario case in which a police officer alleged that the City of Ontario’s search of his employer-paid pager had violated his privacy rights and led to wrongful disciplinary action. The U.S. Supreme Court sided with the City of Ontario based on the employer having legitimate reasons for the search. The authors recommend that companies establish and consistently enforce a technology usage policy that explicitly defines the specific types of technology it is intended to cover and explain that employees should have limited expectations of privacy in the workplace. In addition, the employer should ensure the policy is enforced consistently, and in a non-discriminatory and non-retaliatory manner.