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Off-duty dilemmas (courts are hesitant to recognize an employer's right to monitor an employee's activities away from the workplace).
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LawNow
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August 1, 2000
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Copyright informationCOPYRIGHT 2000 Legal Resource Centre of Alberta Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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One of the most sensitive issues in the employer-employee relationship is the employer's right to monitor its employees' off-duty conduct. This is not to suggest that employers have carte blanche to control what employees may do in their off-work hours; however in certain circumstances that conduct may negatively impact the employer's business interests, or place persons or property at risk. In those cases, the employer may have a legitimate interest in ensuring that off-duty behavior does not impair the employee's fitness for work.
Most often, this issue arises in the context of an employer's right to conduct substance abuse testing of its employees. As one may ...
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