Employers Can Monitor Employees Computer Use?
Much like telephone monitoring, for the most part, employers can monitor their employees’ computer use. What types of things can you monitor?
Today, computer software exists that enable employers to see what is on the employee’s computer screen and the information stored in terminals and hard disks. Let’s say an employee is surfing the web a lot. An employer can see internet usage and how frequently the employee is accessing emails.
Keystroke monitoring is available for employees to evaluate employees with data entry and intensive word-processing. The software indicates the number of keystrokes per hour. Employers can establish standards of acceptable performance based on the number of keystrokes per hour. Often stress-related disabilities show up through keystroke monitoring. For example, employees with carpal tunnel syndrome may not input as much data as other employees without this physical problem.
Let’s say an employer suspects an employee is not working very much on the computer and spends a lot of time away from his or her desk, doing other things. Keystroke monitoring can reveal this fact as well.
In many situations, you can monitor employees without letting them know they’re being monitored. Even so, when you show the employee the information gathered during a performance evaluation, employees begin to realize they’re being monitored.
Due to the fact that businesses own the computers that employees work on, they are free to see what employees are working on at any time. An exception to monitoring an employee occurs when Union contracts limit the employer’s rights to do so. Employees working in the government sector also have a few more rights based on the Fourth Amendment of the Constitution, which prevents unreasonable search and seizure.
Keep in mind that California has stricter laws than other states to protect employees’ privacy rights. So, if you own a mother company with a sister company in California, it’s important to be aware of the legal differences. (Privacy Rights Clearinghouse).
Stephen Hans & Associates understands how important it is for employers to know their rights in dealing with employees. We welcome you to arrange a consultation to get your questions answered and obtain effective legal guidance.