Legal Question in Employment Law in Washington
Phone 'eaves-dropping' and workplace defamation
There is a specific employee that has taken it upon himself to create a very uncomfortable workplace. When using the telephone for personal calls, which is allowed, I continuously find him listening in until I physically walk into his room and tell him to stop listening. I then constantly find him talking to our employer saying he saw me stealing from the registers and that I should be fired, even though I do not use the registers at all throughout the day, it can be seen on camera. Is there any legal issues that could be brought to his attention to stop his behavior or to cause him to be at least talked to by our employer? This has been going on for at least a month now and everyday seems to be getting worse.
1 Answer from Attorneys
Re: Phone 'eaves-dropping' and workplace defamation
If the employee is saying false things about you at work and you suffer harm as a result, i.e. terminated, demoted, hours cut, etc., then you can most likely sue the employee for intentional interference with contractual relations. I've found that in cases such as yours, a simple cease and desist letter from an attorney is usually effective.
Regarding the eaves dropping, if the employee is listening in to your conversations without permission, he is invading your privacy. If the employer is permitting it, they may be liable for an invasion of privacy claim as well. Again, a letter from an attorney will usually do the trick.