The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Rachel Otto, Strindberg & Scholnick, LLC

Summary

  • While employees generally do not have an expectation of privacy in the workplace, Utah law provides several specific limitations on an employer's right to monitor employee activity. See Employer Right to Monitor Employee Activity.
  • State employees have the right to examine and copy their personnel files, but there is no corresponding statute for private employees. See Employee Personnel Files.
  • Employers who provide accurate information to prospective employers in good faith are protected from liability. See Employment References.
  • Under Utah law there are four invasion of privacy claims that can be maintained: (1) intrusion upon solitude/seclusion; (2) appropriation of a person's name or likeness; (3) public disclosure of embarrassing private facts; and (4) publicity that places the person in false light in the public's eye. See Employee Right to Privacy.
  • Utah law places limitations on employer rights monitor employees with respect to surveillance and testing. See Limitations on Employer Rights.