Intrusion into Seclusion

To be actionable, the employee’s sphere of privacy must be invaded to the point that it would be objectionable to a reasonable person. The employer can respond with justifiable business purposes for the intrusion.

Employers may regulate employees’ off-work activities when they believe it affects the employee’s work performance. But the courts will look very closely at such cases to ensure the regulation is sufficiently related to a legitimate business interest.

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