What Can Employer’s Legally Monitor?
What Internet privacy rights do employees have? Can an employer legally monitor an employee’s internet activity during on-duty hours? Yes, generally, employers have the right to monitor their employees’ use of the Internet on computers owned by the employer, during employees’ on-duty hours. Employers concerned about lost productivity, viral invasions, dissemination of proprietary information and their liability for sexual and other forms of harassment, believe that monitoring is an important deterrent to inappropriate Internet and computer usage. Employers can monitor an employee’s internet use, software downloads, documents stored on their computer, emails, social networking sites, instant messaging, etc.
According to the federal Electronic Communications Privacy Act (ECPA), an employer-provided computer system is the property of the employer. Therefore, employers that provide you with a computer system and Internet access are free to monitor almost everything that you do with the computer and Internet access with which you have been provided. This is especially true when an employer gives you a written policy regarding the monitoring of your computer use. Courts have generally agreed that an employee does not have a reasonable expectation of privacy when using a device owned and issued by the employer. However, some union contracts or state laws (such as those in California), may limit an employer’s ability to monitor your computer activity. With that being said, employers concerned about their liability or loss of productivity caused by an employee’s Internet surfing during work hours, can legally fire an employee for his or her Internet use.
As it is highly possible that your online activity is being monitored, be sure you know what your employer’s monitoring policy is before engaging in activity during work time that is not work-related. You should not visit any websites that you would not want your employer to see or that your co-workers might find offensive. While most employers do not mind if your personal internet use is occasional and doesn’t interfere with your work, some employers do mind, and expect you to confine your personal Internet usage to non-work hours.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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