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Balancing Employer Business Interests and Employee Privacy Interests: A Survey of Kansas Intrusion on Seclusion Cases in the Employment Context
| Content Provider | Semantic Scholar |
|---|---|
| Author | Keller, Pamela V. |
| Copyright Year | 2013 |
| Abstract | Employers have begun using more sophisticated, high-tech methods to monitor employee behavior. Employers test employees for AIDS and drug use; videotape them; electronically monitor their computer use, Internet use, emails, text messages, and phone calls; and track their movements with Global Positioning System (GPS) technology. Employers can even use radio frequency chips to constantly monitor an employee’s location. While employers clearly have the right to monitor employee behavior, that right is not limitless. The tort of intrusion on seclusion creates one such limit. The extent to which the intrusion on seclusion tort protects employee privacy under Kansas law is, however, somewhat of a mystery. The Kansas Supreme Court has not yet squarely addressed an employee’s intrusion on seclusion claim against an employer or articulated a specific approach to these claims. The Kansas Supreme Court’s analysis of intrusion on seclusion claims in the creditor–debtor context does, however, suggest how the court would approach an intrusion on seclusion claim in the employment context. Numerous federal court cases analyzing intrusion on seclusion claims under Kansas law in the employment context also serve as a guide to predicting how Kansas courts would rule on these claims. This Article synthesizes current |
| File Format | PDF HTM / HTML |
| DOI | 10.17161/1808.20243 |
| Alternate Webpage(s) | http://law.ku.edu/sites/law.drupal.ku.edu/files/docs/law_review/v61/Keller.pdf |
| Alternate Webpage(s) | https://law.ku.edu/sites/law.drupal.ku.edu/files/docs/law_review/v61/Keller.pdf |
| Alternate Webpage(s) | https://doi.org/10.17161/1808.20243 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
