Employer can check e-mail to check up on workers
Published 01/07/05

If you use your employer's computer system for e-mail or other Internet access, do so with the knowledge that our employer may monitor what e-mails were sent and what Internet sites you visited.

While workers should not expect privacy in such activities, to remove any expectation of privacy by workers, employers should provide workers with a written policy on electronic communications in the workplace, whether it is part of an employment manual or otherwise, which clearly notifies the workers that the employer may from time to time monitor their electronic communications.

Such monitoring may be for a variety of legitimate business purposes. An employer may want to monitor and obtain specific evidence as to possible misconduct of that worker or others. For example, if a worker complains to management that a co-worker is sexually harassing him by continually sending lewd and sexually explicit e-mails to the worker, the employer may have a legal obligation to investigate the claim and, if appropriate, take corrective action to relieve the worker from the sexual harassment of the co-worker.

An investigation would include a review of the e-mails, even if the worker who received the harassing e-mails had deleted them. Likewise, an employer may suspect that a worker is providing confidential or proprietary information to a competitor or competing with the employer. It is not uncommon for such a disloyal worker to actually use the company computer system to further such competitive misconduct.   

Employers may also want to have the ability to monitor worker e-mail and Internet access for the purpose of monitoring work performance.

For example, the employer may want to know whether a worker is spending company time on the Internet for personal matters rather than work-related matters. Random monitoring of a worker's Internet access may show that some workers are quite adept at using the minimizing Windows feature to look like they are working when someone comes by but are really spending an inordinate amount of time on personal Internet matters rather than actually working the hours they are paid to work.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and business persons on a variety of legal issues, including employment, and advocating on their behalf. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.