Richmond Hill, GA asked in Employment Law for Georgia

Q: Employer monitoring in Georgia. Are they allowed to stare at a security camera to see what is said and write up employee

I feel as if my employer goes on security cameras in a medical office to just monitor what is going on and being said without previous complaints of harassment over months and maybe years. What is employer required to tell the employee in regards to such surveillance? What questions can I ask to ascertain if this is the case? This involves at least 2 employees at this time. This is also occurring in a medical office.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Georgia, employers generally have the right to monitor employees using security cameras, especially in common areas like offices or lobbies. However, this right is subject to certain limitations. For instance, surveillance in private areas such as restrooms or locker rooms is typically prohibited.

Regarding audio surveillance, Georgia law requires at least one party in a conversation to consent to being recorded. This means in a workplace setting, if the employer is a participant in the conversation, they may record it. However, if they are not a part of the conversation, they cannot legally record audio without consent from at least one of the participants.

Employers are not always required to notify employees about video surveillance, but they are generally advised to do so to avoid privacy infringement claims. The specifics can vary based on the nature of the surveillance and the layout of the workplace.

To ascertain if surveillance is taking place and its extent, you can ask your employer directly about their surveillance policies. Inquire about both video and audio surveillance, and whether employees have been informed about these practices. This direct approach is often the most effective way to gather information.

If you have concerns about the legality of the surveillance practices in your workplace, you might consider consulting with an employment attorney who can provide guidance specific to your situation and ensure that your rights are protected.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.