Legal news and tips for employees, by Law Office of Eugene Lee

Category Archives: Privacy

3 responses to “Can My Employer Monitor My Web Surfing or Emails at Work?”

  1. Barbara Elaine Leon says:

    I had a company do this i think, I had use to post all sorts of oddball stuff from ” midget porn to naked grannies giving poney rides in Germany, and those life magazine photos of topless aboriginals haha.” As to which the photos and conversations seemed to keep the heads at work “very quiet” the next day. hahahaha Be-nouned to them figuring the jig was up. I also would look specifically for lookalikes of my bosses to add to the weirdness-Ya, I put some knarly stuff online for the snoops to view. I was then called later a lesbian, what kind of woman are you? A freak, you name it. I knew they were following along all long. I would tell them ” why do you think this of me?” In which then never could respond honestly. And yes it is an invasion of privacy.

  2. Kareen Lewis says:


  3. Martin Dack says:

    You have shared nice article on this burning concern for any office. Thanks to New technologies that make it possible for employers to monitor many aspects of their employees’ jobs, especially on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet.

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14 responses to “Background Checks — What Are My Rights?”

  1. Evalee Aqui says:

    My employer never ran a background check on me, though they said they were going to. After a year of employment, they stated that they were doing an audit on their background checks for employees and are now requesting to do one on me. Is this legal?

  2. Brenton H. says:

    Can a CA employer initiate a background check prior to a contingent offer?

  3. musicmonster says:

    Hello, I just accepted a new Job, I live in Southern California and the company is based in NYC. It pays 100K, because of that pay scale will the back ground check show my misdemeanor conviction 20 years ago?

  4. musicmonster says:

    the job I accepted is paying over $75,000.00 and when I was in my early 20’s I pleaded guilty to a misdemeanor, with was a little over 20 years ago. will that come up?

  5. john says:

    if igothurt on my job and was unable toretain my gr8 credit do to workmans compfighting me 4over a ear tell igot payed and et i could not begin to fix my credit can my inployer use it as gound 2 temenate my job whatr if iam all ready inployed withthe compney and out on workmans comp

  6. Just me says:

    If a potential employer does a workers comp search, how far back can they look? mine was almost 10 years ago, and rather than continue to receive benefits after 3 months, I just resigned. Will that appear negative to a new employer in the same industry?

  7. RJH says:

    Can a prospective employer ask for past W2’s and tax information as condition of employment?

  8. Sarah N says:

    I know the individual who will be conducting my background check, and I know she is a gossip. Is there a provision of law that specifically prevents her from divulging the information in my background check? (Except for my other employers of course.)

  9. Heather_ripley says:

    I have an interveiw tomorrow and have been asked to fill out a form for a credit report. My issue is how can they ask me to fill out this form when it clearly asks for my date of birth. Then they will know my age and it’s it against the law for them to ask ones age? They are getting around it by asking for a credit report then? I’m in my late 40s and think they may use this against me since they can hire someone else much younger for probably cheaper. Is there no way out besides providing them with my own credit report?

  10. John says:

    Sadly you have no rights.

    If you have a back ground check and say you have a bankruptcy. They can just not hire you and say that had nothing to do with it. Even though it was the only reason you went from them saying your our top choice so far we will let you know this week to never hearing from again.

    Allowing buisnesses to do this as part of the hiring process is just wrong. (( Although bankruptcies are public record, employers are NOT permitted to discriminate against you based on them))

    This is just wishfull thinking. Buisness will even fire you over your credit score if they feel like it. Rich people know the fastest way to stay rich is to surround yourself with others that have money. Uninforcible law is the same as no laws at all. You have rights on paper, but that is it.

    The same can be said on almost any aspect of a back ground check. If they can get their hands on it consider it used in any way they see fit. The burden of proof is on you if you try to fight it and you are in a system that makes sure you have no proof.

  11. Eugene Lee says:

    Law Guy, Thank you. Please let me know if there’s a topic you’d like me to address here.

  12. Law Guy says:

    Great info! Most people dont know how to do there own background check to see if there are inaccuracies.
    Also can california stop hurting workers benifits for people with serious accidents and treat them mor like human beings!

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12 responses to “Can I Tape Record My Boss?”

  1. Jim says:

    Next time I am at a Dodgers game if there is any sound recording they must shut it off. I DO NOT CONSENT. And I don’t consent to pictures either.

  2. Protecting Myself says:

    What if your workplace has recording equipment throughout the facility and has a notice at the entrance that states the property is protected by electronic surveillance?

  3. Justin Ahlquist says:

    This law is used to protect the unions, high tech age discrimination, and the government.

  4. LA_FAN says:


  5. Debelle says:

    If my boss meets with me in a public space, such as Starbucks or Barnes & Noble, then it is legal to record the meeting?

  6. need to know says:

    How about if your boss tells you to commit fraud and I caught him tape. How about if your boss tells you that his boss has been trying to fire me.How about if my boss is just gunning for me and I need proof because hr is in favor of my boss and not bias how bout if my boss tells an employee that im a dick

    • Eugene Lee says:

      Illegal tape recordings may still be admissible as evidence to prove someone is lying, under certain federal court decisions. However, it remains a criminal misdemeanor under California law and carries a possible jail term and criminal and civil penalties. You will really want to consult with a civil and/or criminal attorney about your question. Best of luck with your claim.

  7. Vanessa Alexis Smith says:

    So what if I pull out my phone and tell him he is be recorded in the middle of him abusing me or other employees???

  8. Chris says:

    Is this really just? If someone is being, extremely, verbally abuse then he/she should have the right to record it.

  9. The law is the law so it is improbably the tape recording would be allowed. Likewise, it may appear as a set up since a jury may not know what else was said prior to the boss being taped, or in what manner he/she was provoked. Darren Chaker

  10. Excellent advice, It’s something that individuals should be very careful of. It’s often times not worth the risk of getting in trouble to prove a point in the court of law.

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What Does Your Employer Know About You?

Just found this interesting post on the Consumerist. If you’re interested in knowing what employers know about you when you apply for a job, you should take a look at the following links: EMPLOYMENT HISTORY ChoicePoint (866) 312-8075 CHECK WRITING HISTORY ChexSystems (800) 428-9623 Shared Check Authorization Network (800) 262-7771 Fax: (800) 358-4506 TeleCheck (800)… Continue Reading

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