Privacy Issues at Work

Technology is a boon to business, but it has also complicated privacy issues in the workplace. It is virtually impossible to conduct business today without using a computer, and technology has enabled employers to monitor virtually every aspect virtually all workplace communications made by employees using computers. Many companies today take advantage of technology to monitor their employees' use of the Internet and to check employee e-mail. While employees may feel this monitoring is a violation of their privacy, it is allowed by law. Other employee activities (such as private conversations) receive more protections, while certain physical spaces (like locked desk drawers) may also receive privacy protections. Specific activities (like drug use) may lead to legal employer testing. To help you determine what is and isn't private in the workplace, contact an employment lawyer to discuss the validity of your company's privacy policies and procedures.

Employer's Right to Monitor Computer Usage

Activities engaged by an employee in while using an employer's computer system are highly unprotected by law. E-mails are considered to be company property if they are sent using the company's computer system. Employers generally have the right to monitor and view employee e-mail so long as they have a valid business purpose for doing so. Many employers now have e-mail systems that copy all e-mail messages as they pass through the system to check for productivity, illegal use, and other issues. E-mails are frequently being used as evidence during trial to prove employee misconduct or wrongdoing.

In addition, employers have the right to track the websites visited by their employees, to block employees from visiting specific Internet sites, or to limit the amount of time an employee may spend on a specific website.

Employer's Right to Monitor Phone Calls and Voicemail Messages

Employers use electronic surveillance practices, including monitoring employee phone conversations and voicemail messages, in order to keep tabs on their employees and their business operations. Generally, employers can monitor telephone calls to and from their locations, but there are legal limits.

The Electronics Communications Privacy Act (ECPA) places some limitations on an employer's right to monitor its employees' telephone usage at work. Under the Act, an employer may not monitor an employee's personal phone calls, even those made from telephones on work premises. An employer may monitor a personal call only if an employee knows the particular call is being monitored and consents to it. The ECPA also provides protection for an employee's voicemail messages at work. Employers face legal liability if they read, disclose, delete, or prevent access to an employee's voicemail messages.

Employer's Right to Post-Hiring Drug Testing

An employer may be able to require its employees to submit to drug screening; however, there are many state laws that limit on the circumstances in which an employer may test for drugs and the methods they may use to perform such tests. An employer may generally test its employees for drug use if it limits its testing to:

• Workers whose jobs carry a great deal of risk to themselves or others.
• Workers who have completed a drug rehabilitation program or are currently enrolled in such program.
• Workers who have been involved in a work-related accident where drug use was suspected .
• Workers whom management reasonably believe have been using drugs based on physical evidence or behavior (glassy eyes, slurred speech).

Conclusion

Employees have general and specific rights to privacy in the workplace, but these rights are balanced against employers' privileges to monitor their business operations. If privacy is an issue in your workplace, contact an experienced employment law attorney to ensure that your rights are protected.

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