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Employee Privacy in Pennsylvania

Pennsylvania common law does recognize a claim for invasion of privacy.  However, in the employment context, these claims can be very difficult to win.  That’s not to say that an employer cannot invade an employee’s right to privacy, but when the information disclosed relates to the employee’s work or work performance, it is a much more difficult claim to make out.  For example, in order to prevail on a false light claim, a plaintiff must establish that

(a) the false light in which the other was placed would be highly offensive to a reasonable person and

(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

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