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February 2002
Newsletter: It is important that each employee understand a few basic things about their privacy at the workplace since many of us work for someone else. These privacy considerations apply if your job description requires the use of a computer to perform your job functions. The greater majority of employers do not snoop through your personal correspondence, the material you download, or keep track of your online habits simply because they have nothing better to do or simply enjoy spying on their employees. Employers have some very serious concerns. Some concerns can include harassing or offensive email amongst employees (like disturbing correspondence to influence work performance); resumes being sent to prospective employers (before notice of resignation is provided); corporate strategy being discussed in email (like a request for the proper procedure to fire an employee to avoid a wrongful termination claim) that could potentially be used by opposing lawyers as evidence against the company; or, the amount of an employee’s time spent for personal business during working hours. A good number of jobs that require computer use as a necessary part of the job function also require the prospective employee to sign an employment contract. Somewhere in that contract, the employee agrees to give the employer permission to snoop on all activities during the time (not necessarily location) used for job-related functions. Each contract is unique. Some specify a specific email policy. Others do not distinguish between an email privacy policy and a general privacy policy. At the office, your desk, computer, files, etc. belong to your employer. The owner of the property has an inherent right to use and search through their belongings. Keep in mind that not all states recognize a verbal understanding or agreement. Each employee should conduct themselves on the assumption that each email sent and received can be read by their employer; and that all online activities - even on your breaks and during lunch - can be known by your employer. Although this may not be accurate in your particular workplace, I return to the old adage ‘It is better to be safe than sorry’. Remember that following the basic rules of internet safety considerably reduce your chances of an online problem. Refer to the Safety Guide for a quick review. Make this a family or office practice. Constant repetition will make this chore into an everyday practice. |
Copyright 2002