By Weisberg Cummings, P.C. on September 22nd, 2020
The COVID-19 pandemic forced many employers to let their employees work from home. The quick transition to telework has left many workers uncertain about their rights as they transition to this new practice.
While working in your pajamas certainly has its advantages, remote work raises some other pressing concerns. What are employee privacy rights, and what types of remote worker monitoring are legal? You should learn the answers to protect yourself.
Can Your Employer Monitor Your Computer Activity While You’re Working From Home?
Yes, your employer can track what you are doing on your computer when you work from home. If you work on a computer using software or other hardware provided by your employer, they have a right to monitor your activity during the workday. Even employees who use their own computers or devices to work can be monitored.
Legally, your employer has the right to monitor:
- Your work email
- The software you download
- The documents on your desktop
- Your work phone
How Do Employers Monitor Employees?
Wondering whether your employer can see the websites you visit while you’re at home? Many workers worry about their privacy when they’re doing their job from a remote location. Being at home introduces new legal questions. While monitoring workers’ activity at the office seems reasonable, when you work from home, the line between work and home life blurs.
Employers can use tracking software installed on your computer to see what you do during your shift. Many of these programs can even track how many keystrokes you complete per minute, and they take screenshots of what’s on your desktop. Your employer can also monitor your email, though the company needs to notify you first. When you log into a web-based personal email account, your employer can monitor that as well.
What Is Your Employer Not Allowed to Monitor?
Your employer cannot monitor your personal email when you write about union-related activities. If you use a personal device to send your email, your employer does not have a right to monitor those communications. If your employer requests permission to install tracking software on your personal devices because you deal with sensitive material, consult with a lawyer to learn your rights.
The legal right to monitor employees’ social media usage is somewhat unclear. Your employer can’t monitor your texts or search history. They can use GPS to follow your movements, but they can’t track your vehicle in most states. Employers may ask your permission to track you, and if you say yes, your confirmation will protect them from legal action. Many workers choose to consult with a lawyer to understand their legal rights before making any decisions.
Schedule a Free Consultation With Weisberg Cummings, P.C.
Can employers find out if you’re avoiding work while working from home? Yes, but you still have privacy rights that must be protected during your remote employment. If you have questions about what your employer can and cannot monitor, reach out to us and schedule a free consultation so that we can advise you and inform you of your rights. Call us at (855) 716-2367 or reach out online.