Legal Question in Medical Leave in California

Legality of surveillance

If all of your documents are accurate, and your claim is legitimate, Can your employer use private investigators to provide surveillance information regarding an employee's movements while they are off-work on FMLA leave? Or, does this constitute an invasion of my privacy?


Asked on 6/08/01, 12:59 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Legality of surveillance

Conducting a surveillance is not illegal. However, there are limits. For example, investigators cannot eavesdrop on private conversations, trespass on private property or obtain confidential information about you, such a medical records, without your permission. If they are merely following you and recording your activities, this is a within their rights.

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Answered on 7/05/01, 12:29 pm


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