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Most of the companies monitor their employees every day. Majority of them look at it as another aspect of working in a company. However, some others may feel this to be an interference leading to questions about employee rights and employment law. Below are a few questions regarding employee monitoring that have been answered: Q. Is it legal for an employer to review the contents of one’s email while monitoring an employee’s instant messenger and firing the employee based on the contents?
An employee not having privacy in a workplace is a generic directive and the computers in a workplace are subjected to monitoring. It is legal for an employer to monitor the activities of an employee within the workplace. In the absence of a written employment contract; the employee is considered to be an at will employee who can be terminated at any point without a notice. However, the termination should not be based upon age, race, gender, religion, or disability discrimination. Also, there is no requirement for an employer to follow progressive discipline (write ups, warnings, etc.). Q. Is it legal for an employer to monitor an employee’s actions on company computers in the state of California?
The employer is required to frame a computer and internet policy before an employee’s computer activity is monitored. In addition, the employer should inform all employees that their actions on company computers would be monitored. In the state of California, employees have reasonable expectation of privacy in a workplace. However, if the employer has intimated the employees that the company computers are for business use only and that they would be monitored; the California courts consider this to have reduced the employees’ expectation. This may allow the company computers to be monitored by the employers. Q. Consider a situation where a cell phone has been given to an employee for personal use by the company. Is it lawful for the company to install applications on the phone that monitors personal email accounts during a court hearing?
In the event that the court has granted permission to use a cell phone for personal use; a company would not have any rights to install monitoring applications on the phone. If this has taken place, then one may bring this matter to the court’s attention and request the court for a hearing to show cause for contempt. The company has no rights to monitor activity on a computer that is not a company computer. Q. Would it be legal for a GPS tracking instrument to be fitted into a company vehicle?
Company vehicles may be fitted with GPS tracking instruments and employers generally have the right to do so without needing to give any justification. One may indicate on the company handbook that the company vehicles have been fitted with the tracking instruments for monitoring purposes. There is no legal requirement to state so, but is a better business practice. Q. Is it required that an employer record the events that led to the termination of an employee if he/she was found committing wrongful acts? The discovery was made as a part of the monitoring process.
The employer may terminate an employee without any notice or documentation if there is no employment (or union) agreement. Such at-will employees may be terminated without providing a reason or any notice period. Maintaining a record may serve as proof of misconduct and protects the employer in the event the employee states that the termination was due to discrimination. One may use this as evidence to refuse Unemployment Insurance Benefits as well. One may ask an employment lawyer on issues regarding an employee monitoring policies and laws as these are confusing at times.
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