Workplace Monitoring: Balancing Employer Interests and Employee Privacy Rights.

Employers routinely use methods to monitor their workers that range from casual to highly formal. The use of monitoring has substantially increased in recent years due to the availability of inexpensive technology as well as the pandemic, which created a surge in working from home. Traditionally, interest in monitoring employees was driven by concerns over productivity. Over time, other reasons have evolved, including insuring safe work processes, guarding against harassment among workers or to customers, assuring proper use of company equipment and assets, and preventing theft of company property.

In the past, methods of watching employees depended on monitoring phone use, having supervisors make rounds of work areas, use of cameras, use of punch clocks, and signing in and out of the premises. Today, more advanced technology allows a wider range of tools. Besides tracking phone use and activities around the physical workspace, companies may use methods such as the following:

• Tracking app and website, and online use
• Monitoring emails
• Taking random or scheduled screenshots of employee computers
• Online activity tracking
• Use of manager alerts
• Restricting online time
• Use of electronic badges and chips
• Tracking devices on company vehicles
• Blocking use of websites
• Monitoring employee social media accounts
• Issuing company smartphones that include tracking and security features

Employers do face loss exposures created by their employees. Generally, workers are assumed to be acting on behalf of their employers. It is important for companies to make sure that workers are acting appropriately and within the scope of their assigned jobs. Workers who cause harm or injury to others can easily create financial consequences which can be attributed to their employers. However, monitoring has to balance employer interests versus employee privacy rights and expectations.

Employees may feel abused or threatened by monitoring practices they believe are unwarranted. This situation could result in worker distrust, increased turnover, hiring and firing problems, official complaints, and even lawsuits. Employment Practices Litigation, even when insurance is in place, is long-term, complicated, and costly. The stakes are high. Besides the expense of disputes, allegations by applicants and employees can severely hurt a company's reputation.

Monitoring should be reasonable, transparent, applied fairly, and adhere to state, federal, and local laws. Whatever methods are used, they should be explained to workers, such as including a clear section on monitoring and security measures in employee manuals. A company must be considerate of worker questions about practices and be willing to make changes to its methods in response to valid concerns. Companies do have legitimate reasons to monitor employees, but it must be done in a manner that protects itself while respecting its workers.