Can Employers Monitor Technology Use in the Workplace to Deter Abuse?
Some employers monitor employee use of technology, both on and off the job, to stay abreast of abuse, and potential legal exposure. Monitoring, unfortunately, comes with its own set of risks and may result in invasion of privacy and related claims. Moreover, if disciplinary action such as termination results, the termination also may be actionable under various laws. With respect to monitoring external activity, even when an employer learns through monitoring that its employees are regularly posting harmful information about the company on public Web sites, it can be very difficult for the employer to take any action to stop such postings. Many states afford employees a constitutional right to privacy or preclude employers from regulating conduct away from work to protect the personal freedom of employees. For example, California Labor Code sections 96(k) and 98.6 preclude employers from discharging or discriminating against employees for lawful conduct occurring during nonworking hour
