Electronic monitoring may include observing an employee’s
use of Internet or e-mail services, video surveillance, tracking by
global positioning system (GPS) devices, ensuring proper use of telephone
equipment and voice mail, and audio surveillance of employees. Employers
should be aware that each type of surveillance raises privacy issues.
The growth of workplace technology has resulted in litigation
over how to balance the employer’s right to control his or her workplace
with the employee’s right to privacy. Workplace policies and rules
should protect both the employer’s business interests and the rights
of employees. It is advisable to seek the assistance of an attorney
before drafting a policy on monitoring employees.
Employers must communicate and distribute these policies
to employees to ensure that employees understand what is expected
of them. Employers should include the policies in their employee handbooks
and review the policy with new employees at orientation. Employers
should have employees sign an acknowledgment that they have received
and understand the policies.
Summary for [Your State]