Employment Law | Expert Legal Commentary
September 25, 2009
Hernandez v. Hillsides: Narrowing Workplace Privacy in California
Hernandez v. Hillsides
By
Jeremy J. Gray of Zuber & Taillieu
The California Supreme Court affirmed that employees have a reasonable expectation of privacy in the workplace, but held that in some circumstances, those rights may be limited, taking a backseat to an employer’s “legitimate business interests.” In Hernandez v. Hillsides, 47 Cal. 4th 272, 211 P.3d 1063 (Cal. 2009), the Court confirmed a grant of summary judgment to an employer who conducted hidden, off-hours video surveillance in its employees’ semi-private office in an effort to prevent potential harm to its minor clients. The specific facts of the case drove the result, but the ultimate point is clear – employees do not have an absolute guarantee of privacy behind every closed door in a workplace.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
Image Credit: ©iStockphoto.com/ JLBarranco
