C. Off-Duty Surveillance

Some states (e.g., Illinois and Michigan) prohibit employers from gathering and maintaining information regarding an employee's off-premises political, religious and other non-business activities without the individual's written consent. In these states, employees and former employees can inspect their personnel file for the purpose of discovering whether any such information exists. If their file contains prohibited information, the employer may be liable for damages, court costs, attorney's fees and fines.