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Business Interests vs. Privacy Rights

By Angela R. Matney

Given the speed with which information can be publicly disseminated today, employers need to act quickly but prudently when faced with alleged employee misconduct. Employers can be subject to liability for failing to investigate incidents of harassment or threats of violence, but they also may face claims that they have violated employees' privacy rights if they do not proceed carefully. When hiring third-party investigators, seeking to access employees' social media, or conducting investigative interviews, employers need to balance their legitimate business interests against the rights of all of their employees, not just the targets of workplace investigations.

Hiring Third-Party Investigators

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