Question: Most businesses provide their employees with access to computer systems and other electronic devices. Employers that make electronic communications systems (such as access to the Internet and e-mail) available to their employees face some obvious risks, though. An employee could use e-mail to harass other employees or subject the employer to liability by reproducing, without authorization, copyright-protected materials found on the Internet. Another risk is that an outside party might intercept confidential information contained in e-mail messages transmitted via the Internet. Finally, by monitoring employees' Internet use and e-mail in an attempt to avoid these problems, the employer may risk being held liable for violating the employees' privacy rights. If you are an employer and find it prudent to monitor employees' Internet use, you should take certain precautions. Remember that a small company can be bankrupted by just one successful lawsuit against it. Even if your company wins the suit, the legal fees incurred to defend against the claim could be devastating for your profits.
Inform Your Employees of the Monitoring and Obtain Their Consent First, you should notify your employees that you will be monitoring their Internet communications, including their e-mail. Second, you should ask your employees to consent, in writing, to such actions. Generally, as discussed earlier in this chapter, if employees consent to employer monitoring, they cannot claim that their privacy rights have been invaded by such practices. You will find it easier to obtain employees' consent to monitoring if you explain why it is necessary or desirable and let them know what methods will be used to monitor Internet communications. As a rule, when employees are told the reasons for monitoring and clearly understand their rights and duties with respect to the company's communications system, they are less offended by the surveillance. Spell Out Permissible and Impermissible Internet Uses Employees should be told which uses of the firm's communications system are permissible and which uses are prohibited. To make sure that employees understand your policy, develop a comprehensive statement setting forth your standards for Internet use and provide specific examples of impermissible activities. It is also important to let employees know what will happen if they violate the policy. The policy might state, for example, that any employee who violates the policy will be subject to disciplinary actions, including termination.
CHECKLIST FOR THE EMPLOYER
1 Inform employees that their Internet communications will be monitored, explain why monitoring is necessary or desirable, and indicate how it will be conducted.
2 Obtain employees' written consent to having their electronic communications monitored.
3 Develop a comprehensive policy statement explaining how Internet communications should and should not be used and indicating the consequences of misusing the firm's communications system.