US EMPLOYEE PRIVACY RIGHTS

New technologies make it possible for an employer to monitor many aspects of their employees' work performance, especially via telephones, computer terminals, through electronic and voice mail and when employees use the internet.

Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise, your employer may listen, watch and read most of your workplace communications.

WORKPLACE PRIVACY PROTECTIONS

Currently there are very few laws regulating employee monitoring. However, when an employer states a policy regarding any issue in the workplace, including privacy issues, that policy is usually legally binding.

Policies can be communicated in various ways - through employee handbooks, via memos, and in union contracts. For example, if an employer explicitly states that employees will be notified when telephone monitoring takes place, the employer generally must honor that policy. If you are not already aware of your employer's workplace privacy policies, it is a good idea to become informed.

TELEPHONE MONTORING

In most instances, an employer can listen to an employee's phone calls at work. Employers may monitor calls with clients or customers for reasons of quality control. Some state laws require that the parties be informed that the conversation is recorded or monitored by either putting a beep tone on the line or playing a recorded message. Not every business is aware of this requirement, so your calls might still be monitored without a warning.

An important exception is made for personal calls. Under federal law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call. However, when employees are told not to make personal calls from specified business phones, the employee then takes the risk that calls on those phones may be monitored.

The best way to ensure the privacy of your personal calls made at work is to use your own mobile phone, a pay phone, or a separate phone designated by your employer for personal calls.

COMPUTER MONITORING

Since the employer owns the computer network and the terminals, they may use them to monitor employees. Employers often use computer software that enables them to see what is on the screen or stored in the employees' computer terminals and hard disks.

Employers can also monitor internet usage such as web-surfing and electronic mail. People involved in intensive word-processing and data entry jobs are often subject to keystroke monitoring. Such systems tells the manager how many keystrokes per hour each employee is performing.

Employees are given some protection from computer and other forms of electronic monitoring under certain circumstances. Union contracts, for example, may limit the employer's right to monitor. Also, public sector employees may have some minimal rights under the United States Constitution, in particular the Fourth Amendment which safeguards against unreasonable search and seizure.

There are several groups that are actively involved in workplace monitoring issues and that advocate stronger government regulation of employee monitoring activities.

National Work Rights Institute
Web: www.workrights.org

9 to 5, the National Association of Working Women
Web: www.9to5.org

Workplace Fairness
www.workplacefairness.org
Affiliated with the National Employment Lawyers Association, www.nela.org