Are there reasons to monitor employees?
Monitoring employees through computer and internet activities is something employers do in today’s world. In New York it is legal to do so as long as you inform your employees in writing that you are monitoring them.
What reasons do employers have for monitoring employees?
According to workplacefairness.org, reasons to monitor employees include an employer’s evaluation of:
- Lost productivity
- Excessive bandwidth usage
- Virus attacks
- Disclosure of proprietary company information
- Sexual or discriminatory harassment
By supervising the communication shared through emails and social media, an employer can ensure no employee activity takes place that could harm the company. It is also a way of minimizing a company’s risk for legal liability.
Employer’s Ownership of Computers and Electronic Devices
Based on the federal Electronic Communications Privacy Act (ECPA), if you provide the employee with a computer system, the system is your property. In addition, because it is your system, you have the right to monitor what employees do on it and with the internet access you have provided. Giving the employees a written policy that states your action of monitoring computer use helps to legally establish your authority.
Case law has set the precedence that when employers provide employees with a device the employer owns, the employee should not have a reasonable expectation of privacy.
In addition, under the USA Patriot Act, suspicious employee actions may be subject to law enforcement. This also takes priority over an employee’s right to privacy for internet use.
Do you have questions about monitoring employees through computer and internet activities?
If you have questions or concerns, it is wise to get a legal opinion. You can consult with our attorneys at Stephen D. Hans & Associates, P.C. We are glad to provide you with experienced legal guidance. Call (718) 275-6500 to arrange an appointment.