Employee Privacy Company Policy

Monitoring Employee Computer, Internet, Social Networking,E-mal and Telephone Usage at Work

Many employees assume that the right of privacy they enjoy at home extends to the workplace telephones, computers, lockers used to change clothes and to the office desks themselves.  It does not!

Employees may also assume that they are protected from searches at their office and monitoring by employers while they are at the their office on the computer or phone. They are not!

Courts and state legislatures generally allow employers to protect their property from theft and control the safety and operations of their businesses as employers see fit. subject, of course, to certain regulations such as OSHA and fire protection ordinances.

Federal and State Privacy Laws

There are certain exceptions to monitoring employees.  Some of these exceptions are OSHA, state fire and safety laws and federal and state privacy laws, which do cover electronic communications such as e-mail.
 
These "privacy laws" do not normally prevent an employer viewing employee e-mails where thee is a legitimate business purpose for intercepting an employee’s e-mail.

Employee’s can consent to the interception of electronic and telephonic communications in which the employee takes part. With a well-written policy in place  allowing employee communication monitoring, an employer will be able to monitor computer, e-mail and telephone usage.

Many states have enacted "privacy laws" which permit an employee to review and copy employment records relating to the particular employee’s employment. Some states even give an employee the right to place an explanation into the file on employment actions which are disputed. There are also state anti-blacklisting laws and "whistleblower" laws that protect an employee from retaliation if the employee informs governmental authorities of an employer's wrongdoing.

Employees' On-the-Job Telephone Calls Not Related to Your Business

How about those telephone calls employees make that have nothing to do with business? Well, these calls can be monitored, especially if an employer has an Employee Handbook  policy concerning monitoring – with one important warning! Once the employer discovers that the call is of a private nature, the monitoring should stop. This is not based on the right to privacy, but on federal telecommunication laws, and more recently, anti-terrorism legislation.

"Lie Detector Tests"

Certain state laws do have an impact on employee rights such as the right not to be subjected to polygraph detector tests – or in certain states, unreasonable questions during a lie detector test. Some states like New York and Minnesota expressly prohibit the use of polygraphs. Other states license polygraph or stress evaluation examiners and still others prohibit the asking of any questions involving sexual practices, religious or political beliefs or labor union activities.

Consumer Credit Reports

How about consumer credit reports? Can employers use these reports for applicant screening. Generally yes under many state laws – with certain exceptions. 

Federal law does have detailed guidelines on the use of credit reports in the workplace.  Customers purchasing our Deluxe or Premium Employee Handbook Packages receive the forms required to conduct employee credit checks and these federal guidelines.

Most states that have enacted legislation in the consumer report area require employers to inform the employee or job seeker if a consumer report will be used for evaluating candidates or was the reason that an adverse job decision was made by the employer. Those employees are offered an opportunity to see their consumer credit report.

Even though the US Equal Employment Opportunity Commission has determined that consumer credit reports are discriminatory against minorities, the use of such reports are not discriminatory where there is a valid business reason for consumer credit checks of an applicant or an employee. Checking the credit histories of bank tellers is just one example.