Employers today often elect to monitor employee activities; however, employers should always consider whether there is a legitimate business interest in monitoring employees that outweighs employee privacy rights. Employees generally do not have an expectation of privacy in the workplace when employers put employees on notice that they may be monitored. An employer should balance both the employer's need for information and employee privacy rights.
Employers may generally monitor the use of employer-provided equipment, including telephones, computers, electronic systems, and vehicles. While an employer may monitor employees for legitimate management reasons, such as ensuring productivity and preventing harassment or other activities that could give rise to employer liability, an employer may not engage in monitoring or surveillance for any unlawful purpose.
Employers must be aware of both federal and state laws regarding the employee right to privacy. New York has become the latest state to require employers to notify employees of monitoring. A handful of states, including Florida, require all parties to consent to record a phone call. In Idaho, if an employer is monitoring with video cameras, those cameras may record only video, not audio, without prior consent.
While there are benefits, employers must consider the downside of employee monitoring. An employer that records and reviews its employees' every move or communication does not create a high level of trust and appreciation. Also, the cost of monitoring may outweigh any benefit received from it. Monitoring can be expensive, especially for small businesses. It may not be worth installing expensive computer software and hardware or surveillance equipment, as well as hiring qualified workers to maintain these systems, if these changes will only result in slight improvements.