You send and receive personal e-mail at work. Likewise, you may access the Internet at work to surf the web, make purchases and even chat online with friends. You've also probably typed up a quick personal document at your desk using your employer's computer, printer and paper. Because of this, you need to know that your privacy rights don't always apply when you're at work.

Privacy Policies

Your employer's policy regarding its right to monitor computer use, e-mail, Internet access, telephone use by employees and employee activities in the work area can be found in the employment handbook, employer's policy website or union contract. Even if there's no written policy, rest assured that the employer has the right to monitor employee use of its computers, files, telephones and other activities unless prohibited or restricted by law.

There are very good reason for employers wanting to monitor employee activity. Those reasons include:

  • Maintaining a productive workplace
  • Maintaining the security of confidential company data
  • Protecting the investment in computers and other equipment
  • Protecting the business and community reputation
  • Cooperating with law enforcement during investigations of suspected illegal activity

E-mail Privacy

Any e-mail that you send or receive over your employer's network is fully accessible to your employer. Your employer can read and make copies of the contents of e-mail and can do so even after you've deleted them.

Internet Privacy

Like e-mail, you essentially have no right to privacy regarding your Internet access over your employer's network using your work computer. Your employer can do the following:

  • Monitor your online activity at work or at anytime you use your employer's network to access the Internet or your work computer
  • Keep a record of all the websites that you visit
  • Block or restrict your access to certain websites

Computer Monitoring

Some employers track actual computer use and the storage of personal data on their computers' hard drives. This happens particularly when the storage of certain files or documents is illegal and grounds for disciplinary action or dismissal.

Telephone Monitoring

Generally, employers have a right to monitor telephone calls to clients or customers for the purpose of quality control. While some states require that an employee be warned of monitoring by beep tone or recorded message at the beginning of the conversation, federal law allows telephone monitoring without prior notice.

Workplace Privacy

The monitoring of employees in the workplace has become more cost-effective with the increased availability of low-cost monitoring technology. Other methods that may be used in an employee surveillance system include the following:

Polygraph testing. Some laws restrict or prohibit the use of lie detector tests in the employment relationship. However, where it's allowed, the employee may have a right to refuse without fear of employer discrimination or reprisal

Workplace searches. The employer has a right to search offices, work areas, desks, filing cabinets, lockers and office documents without the employee's permission. However, the employer should do in a lawful and non-threatening manner.

Camera monitoring. Employers have the right to install video surveillance systems throughout the workplace unless state law prohibits or restricts their use.

Questions for Your Attorney

  • Is it okay to send personal e-mail over my employer's network?
  • Can I get in trouble for sending funny pictures and jokes to my co-workers over the internet?
  • Can my employer force me to take a polygraph test or be subject to a strip search if I am accused of theft?