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WORKPLACE MONITORING
by
Charles F. Ammeson, Esq.
The world has changed since 911. Every one of
us can appreciate that privacy matters we use to take for granted can no
longer be. Simply boarding an airplane may be the most obvious and
most inconvenient. Our governments spend huge amounts of money to
prevent and avoid catastrophic losses.
Locally, it seems that every week we read about a new
embezzlement. Locally, Employers pay high costs associated with
losses caused by employee theft, lawsuits and the like. Smart
Employers, like our government, have implemented employee monitoring as
part of their loss prevention programs – a benefit to all.
Whether or not one agrees with employee monitoring, it has
found its place in society and Employers most certainly have the right
to monitor employee performance and use of Employer resources. Not
only do Employers lose money when their resources are stolen or
misused, they can suffer huge losses when employees don’t use their
resources efficiently.
Private Employers have much more freedom to
implement monitoring than public employers. Even though there are
many different forms of acceptable and lawful monitoring, there are
limits that an Employer, itself or inadvertently through one its other
Employees, must be knowledgeable of and adhere to. Obviously an
Employer has the right to videotape places where employees have no
expectation of privacy such store counters, hallways, share work areas,
parking lots, break rooms and the like. Likewise, Employer-related
phone calls, voice mails, emails, instant messaging and the like, or even
personal calls, voice mails, emails and messaging using Employer phones
and computers are open to monitoring as well. Beyond this,
internet usage, keystroke and screen monitoring, and hard drive
searching of Employer owned computers is acceptable.
As this area of law and society’s adjustment to
privacy limits develops, it is sound legal advice for an Employer to set
forth in writing the privacy expectations that its employees may not
assume. Some suggestions are:
A. Telephone – Employer phones should be used for
Employer business only. Employees who desire privacy should place
personal calls from personal cell phones.
B. Voice Mail – The Employer voice mail system should be used
for Employer business only. Employees who desire privacy should
instruct others to leave personal voice mails on their home or personal
systems, password protected.
C.
Email – Employer email systems should be used for Employer
business only. Employees should not expect privacy when checking
web-based email accounts because the Employer may monitor internet
usage, keystroke/computer screens and temporary storage on its Employer
computer systems and networks. Employees who expect privacy should
be instructed to limit sending and receiving personal emails solely with
personal and not Employer computers.
D.
Internet – Employees should be instructed that they have
no expectation of any privacy when using Employer provided Internet
access.
E.
Employer Computers/Networks/Storage – Employees should be
instructed that any and all of their use of Employer computers, networks
or storage enjoys no expectation of privacy, whether personal
information is intentionally or inadvertently communicated through or
stored on such Employer provided systems.
F.
Instant Messaging - Employers should be advised
that Instant Messaging enjoys no more privacy or protection from
monitoring than email.
G.
Employer provided Vehicles and Cell Phones -
Employees should be advised that Employer-provided equipment should be
used only for Employer functions, and as such is subject to
monitoring.
Most Employers monitor their employees and have
always done so. Most employees are prone to make personal use of
Employer-provided technology. Fortunately, far less than a
majority of Employers have yet to suffer a loss because of an employee’s
misuse of the Employer’s technology, probably because these Smart
Employers, like our government, have implemented employee monitoring as
part of their loss prevention programs – a benefit to all.
For more information contact :
Charles F. Ammeson
The Troff, Petzke & Ammeson Newsletter is published as a free service to our clients and
friends. The articles in our Newsletter are for general information and cannot
be relied upon as legal advice or opinion.
It is simply not possible to provide competent legal advice
without knowledge of the specific facts attendant to a particular situation.
Therefore,
you are encouraged to contact the author to discuss the topic further before
acting on the information provided herein.
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