(416) 214-5111

Toronto Employment Lawyers Advising Employees on Invasion of Privacy at Work 

Legal issues relating to privacy in the workplace often raise novel questions that trigger various related areas of law including employment law, constitutional law, and others.  This is a relatively new and emerging area of law and is consistently evolving.

Employees who have questions about privacy issues and their related rights at work should consult with a knowledgeable employment lawyer. At Sultan Lawyers, our team of exceptional employment lawyers Toronto has significant experience advising employees on developing areas of law, such as privacy in the workplace. We understand that the labour market, and the various laws that govern it, are constantly changing. We are dedicated to keeping up to date on all major changes and remaining ahead of the curve on the issues that matter most to our clients. This approach allows us to always position our clients at an advantage.

Privacy and Technology in the Workplace 

Technology and use of electronics at work raises many interesting legal questions. Most employees expect to have some privacy while in the workplace. This is true even where, increasingly, employees regularly use employer devices (including phones, computers and other equipment) to carry out their day to day work functions, and often personal non-work-related tasks as well.

An employee’s expectation of privacy in the workplace, and privacy while using electronics, often collides with an employer’s right to govern their employees and ensure that it is complying with various obligations, including the obligation to maintain a safe, harassment and violence-free workplace. Employers may be able to monitor an employee’s use of electronics, or activity online or on social media.

Other Privacy Issues 

Issues of privacy may also arise outside of the context of electronics and technology use, including questions around:

  • Background checks;
  • Drug and alcohol testing;
  • Employee searches, including searches of an employee’s workplace, company vehicle, or other areas; and
  • Monitoring employees or otherwise using surveillance, including cameras in the workplace;
  • Disability and medical conditions;
  • Cross-border sharing of information; and
  • Company digital equipment.

Sultan Lawyers: Advising Employees on Their Privacy Rights at Work 

The Toronto employment lawyers at Sultan Lawyers regularly advise non-unionized employees about their privacy rights in the workplace. We offer flat rate consultations, specifically designed to provide our clients with the information and tools they need to proactively manage their issue and protect their rights. Contact us online or at 416-214-5111 for a consultation.

Frequently Asked Questions

Can a potential employer ask me if I have a criminal record?

In Ontario, the Police Record Checks Reform Act sets out the parameters in which employers may ask about your criminal record. This greatly depends on why the employer is asking and what kind of information they are looking for. An employer may ask if you have been convicted of a crime that you have received a record suspension for. They may decide not to hire you because you have a criminal record. However, if you are the recipient of a record suspension for a crime you have been convicted of, an employer cannot ask about that crime. You may also honestly answer any inquiries into prior convictions by stating that you do not have a criminal record.

Given the above, there are exceptions and some employers can refuse to hire you if you were convicted of a provincial offence or an offence that received a record suspension if it in any way relates to the position you have applied for. Employers must be careful that the decision not to hire the candidate is not based on one of the grounds protected by the Ontario Human Rights Code. The law states that an employer can refuse to hire a candidate based on their criminal conviction(s) if it is reasonable, necessary, and makes sense given what the duties of the job are. For example, an employer may decide not to hire a potential candidate for a driver position if that candidate has been convicted of driving offences (i.e. provincial offences).

Is there a legal obligation to disclose a second position?

An employee is not obligated to disclose a secondary position unless it is mandated by the conditions outlined within their employment agreement, particularly if it involves a conflict of interest without the explicit consent of their employer.


Book Now

Client Testimonials

How to Get a Job After Being Fired for Harassment

Being dismissed for workplace harassment is a serious professional setback. It affects your employment record, your references, and how you present yourself to future employers. If you are in this…

Can I Quit My Job While on Short-Term Disability?

 If you are at home recovering, collecting short-term disability benefits, and wondering whether you can walk away from your job, you are not alone. This question comes up far more…

Can I Sue My Employer for Stress and Anxiety?

If you’re lying awake at night because of what’s happening at work, the constant pressure, the hostile environment, the feeling that your employer simply doesn’t care, you’re not alone. Workplace…