The Federal Wiretapping Statute protects public- and private-sector employees from employer monitoring of their phone calls and other communications without a court order. There are two exceptions to the statute:
· interception is authorized when one of the parties to the communication has given prior consent
· when the equipment used is also used in the ordinary course of business (known as the business extension provision)
The privacy of private-sector employees is significantly less protected than that of public employees. Employers suggest that employees take one of three options when faced with objectionable intrusions—quit, comply, or object and risk termination.
Actually, states protect employee privacy in one of four ways:
· legislation mirroring federal laws
· state constitutions that recognize a right to privacy
· protection in certain areas, such as personnel records and the use of credit information
· personal injury torts and other legal theories
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