Privacy Violation Lawyers in California

It depends on the type of surveillance and whether employees have been notified. California is a two-party consent state under Penal Code Section 632, which means that recording a confidential conversation without the knowledge and consent of all parties involved is generally unlawful. In a workplace context, this means an employer who secretly records conversations between employees, or between an employee and a customer, may be violating California law even if the recording takes place on employer property. Employers who implement audio monitoring systems are generally required to notify employees in advance. If you believe you were recorded without your knowledge or consent at work, that may be a privacy violation worth discussing with an attorney.

Generally yes, with some limitations. California employers have the right to monitor activity on company-owned devices and networks, and courts have generally found that employees have a reduced expectation of privacy when using employer-provided equipment for work. However, employers who extend monitoring to personal devices, personal email accounts, or personal social media accounts without employee consent may be violating California privacy law. Employers are also expected to notify employees of monitoring policies in advance. If your employer accessed your personal accounts or personal device without your consent, that situation may warrant legal review.

Yes, in most areas of the workplace, provided employees are notified. California law permits employers to install video cameras in common work areas such as offices, warehouses, sales floors, and production areas. However, cameras are prohibited in locations where employees have a reasonable expectation of privacy, including bathrooms, locker rooms, changing areas, and private break rooms. Using hidden cameras, even in work areas, raises additional legal concerns. If you believe your employer installed surveillance cameras in an area where you had a reasonable expectation of privacy, you may have a legal claim under California law.

California law prohibits employers from asking about certain protected personal characteristics and sensitive personal information at the time of hiring and during employment. Employers generally may not ask about your national origin, religion, marital status, race, medical conditions unrelated to your job, criminal history in many circumstances under Ban the Box laws, your credit history unless it is directly job-related, or whether you rent or own your home. Some of these prohibitions apply during the hiring process only, while others extend throughout employment. The 7-bullet list on this page outlines many of the most common prohibited inquiries. If your employer asked questions outside these limits, you may have a privacy violation claim.

Generally no, unless the access is directly and specifically related to your job duties or a documented business necessity. California law strongly protects employee medical privacy. Employers may not require medical examinations or seek access to medical records except in limited circumstances, such as when evaluating a request for reasonable accommodation or verifying a fitness-for-duty issue when there is objective evidence of a work-related concern. Employers who access medical records without a legitimate job-related reason may be violating California privacy law, the California Confidentiality of Medical Information Act (CMIA), and in some cases federal law.

Start by writing down what happened, including the date, what information was accessed or disclosed, by whom, and in what context. If you have any documentation such as emails, forms you were asked to sign, or a copy of a surveillance policy, preserve it. Depending on the type of violation, you may have a claim under California state law, federal law, or both. The appropriate agency or court will depend on the specific nature of the violation. A free consultation with an employment attorney can help you understand whether what happened may be legally actionable and what steps might make sense given your specific circumstances.