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Course

Employee Monitoring: Is There Privacy In The Workplace?

Employers want to be sure their employees are doing a good job, but employees don't want their every sneeze or trip away from their work station logged. That's the essential conflict of workplace monitoring.

New technologies make it possible for employers to monitor many aspects of their employees' jobs, especially on telephones, computers, through electronic and voice mail, and when employees are using the Internet. Such monitoring is virtually unregulated. Therefore, unless company policy or the terms of a Collective Bargaining Agreement, where the workforce is organized, specifically state otherwise (and even this is not assured), your employer may listen, watch and read most of your workplace communications.

Recent surveys have found that a majority of employers monitor their employees. They are motivated by concern over litigation and the increasing role that electronic evidence plays in lawsuits and government agency investigations. A 2005 survey by the American Management Association found that three-fourths of employers monitor their employees' web site visits in order to prevent inappropriate surfing. And 65% use software to block connections to web sites deemed off limits for employees. About a third track keystrokes and time spent at the keyboard. Just over half of employers review and retain electronic mail messages.

This workshop will address questions including:

  • Can my employer listen to my phone calls at work?
  • If I wear a headset, are my conversations with co-workers subject to monitoring?
  • Can my employer obtain a record of my phone calls?
  • Is my employer permitted to see what I see on my computer while I am working?
  • How can I tell if I am being monitored at my computer?
  • Is electronic mail private? How about voice mail?
  • When I delete messages from my computer, do they still remain in the system?
  • Are there any circumstances where my messages are private?
  • Are there any laws that deal with workplace privacy?

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