9 Ways Your Employer Can Legally Spy On You

Legal spying by employers

I've always said that Florida is the center of weirdness in the universe, so it came as no surprise to me that the recent story about a voyeur who installed a spy camera in the ladies' room at work, allegedly to make sure his co-workers were doing their jobs, happened in West Palm Beach. While this guy is likely not going to get away with his spying, you shouldn't assume you have privacy at work. Employers are turning into real busybodies about their employees' activities.

Here are 9 ways your employer may be legally spying on you:

1. Keylogging.
Employers sometimes install keylogging programs that record every single keystroke you use on your computer. This allows them to see everything you are typing, including your passwords. The Stored Communication Act and Federal Wiretap Act, along with some state laws may offer limited protection, but so far most employers are getting away with this intrusive practice.

2. Email monitoring.
Many companies have written policies saying the company can monitor your email. That means that they may look at your personal emails sent on company computers and devices, even if you used your personal email address. Sure, there's a law, the Electronic Communications Privacy Act, that limits this, but it's pretty weak. It allows employers to sneak consent forms into handbooks, applications and contracts, and circumvent your right to privacy. If you are forwarding inappropriate messages, sending confidential information to your home (or worse, a competitor), or doing anything else that you don't want your employer to know about, you'll probably be busted eventually.


More: Late To Work? These Excuses Could Get You Fired


3. Website monitoring.
Your employer is almost certainly monitoring your internet usage. That means if you're checking out porn sites, visiting YouTube, updating Facebook, or doing your holiday shopping, your employer will know about it. You may be violating a company Internet usage policy. If you aren't working the hours you're paid for, the employer may well discipline you for your Internet usage.


4. Social media.
Some employers have gone as far as demanding social media passwords to monitor employee and potential employee activity. California, Maryland and Illinois have banned this practice, but it's fair game in other states. Even if they don't demand passwords, employers can and do check out employee social media activity. If you're violating a noncompete agreement, using Family and Medical Leave to take a cruise, or sexually harassing a co-worker on Facebook, you can be fired for it. On the other hand, if the company social media policy says that you aren't allowed to discuss or disparage the company on social media, that may well violate your right to complain about working conditions with co-workers. Plus, if the company finds out about a disability, pregnancy, genetic condition or other protected information, they could be buying a discrimination lawsuit when they spy on your social media.

More: Ask A Lawyer: How Can I Get Paid For Overtime?


5. Recording conversations.
While you may be limited in your ability to record conversations without everyone's consent in 12 states, your employer may be allowed to record your conversations even in all-party-consent states. In most states, if one party consents, the conversation can be recorded. The federal wiretap laws have exceptions for employers who obtain employee consent, and also for recording done for legitimate business purposes -- such as customer service -- under very strict conditions. Odds are that if your employer is recording you they shoved a consent form into that giant stack of papers that you signed when you started working.


6. Video recording.
Although your employer probably can't get away with video recording your private restroom activities (can you say sexual harassment?), many employers use video to monitor employees. There is little limitation on the use of non-audio video recording. Some states have limitations, such as privacy laws, but in most places your employer can watch you.

More: Is Your Boss Spying On You? Probably


7. Demanding proof on medical issues.
In Arizona, they've passed a law allowing employers to deny insurance coverage of contraceptives not issued for medical reasons. That's pretty extreme, and I'm not convinced it will withstand legal scrutiny. However, employers may be entitled to medical information from you under certain limited circumstances. If you seek accommodations for a disability, ask for Family and Medical Leave, or make a worker's compensation claim, your employer may be entitled to certain medical information. Your employer may also require a doctor's note under their sick policy and get away with it, as long as they don't require the letter to include a diagnosis or disclose a medical condition, or apply the policy discriminatorily.


8. Company devices.
If you're texting to or from a company device, using a company vehicle with a GPS, need to swipe a badge or enter a passcode to enter your workplace, or use the company copier, you'd better believe that your employer is watching. They can figure out where you were, when you were there, what you wrote, what you sent, just about anything you do. There is no secrecy when you are using their property.


9. Off-duty conduct.
While some states limit employers' ability to fire you for certain legal off-duty conduct, in many states you can be fired for using medical marijuana purchased legally, smoking, having outside jobs, drinking alcohol, and even your recreational activities.

Depending on your state, you might have some claims for invasion of privacy, intrusion on your seclusion, or other privacy rights if your employer becomes too intrusive. But most employees have very limited privacy rights.

In general, I suggest you beware. Big employer is watching.


If you need legal advice, it's best to talk to an employment lawyer in your state, but if you have general legal issues you want me to discuss publicly in a column or on AOL Jobs' video show, whether about discrimination, working conditions, employment contracts, medical leave, or other employment law issues, you can ask me at AOL Jobs. Please include your phone number if you're interested in appearing on AOL Jobs' "Lunchtime Live" video chat with me on Dec. 14, 12:30 p.m. EST. Hope to see you there!

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9 Comments

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metalsmithgirl71

don't ever use a company computer for anything related to anything outside of work. this includes email, browsing, any social media of any type, ect. make your social sites as private and unsearchable as possible and friend no one at work. the people i work with have no idea i have a fb account. i don't use my real last name, never use myself in a profile photo, refuse to friend everyone on the planet. keep everything on private and refuse to be tagged in anything. you'd be surprised at what people can find out about you from going to another person's account.
i took this attitude when i learned that companies can demand your fb password and fire you if you don't comply. at that point, it became totally about big business and screw the lil guy. people need to wake up and see that technology really can not be your friend. you have to protect yourself.

September 24 2013 at 8:50 AM Report abuse rate up rate down Reply
Denise Himes

Like seriously? the bosses really have time to give a **** about what u do behind the scenes in ur life?? c'mon ppl. I really think they should not care! unless they hire someone to do their dirty work for them which I know is very common. lol

August 28 2013 at 10:41 AM Report abuse rate up rate down Reply
2 replies to Denise Himes's comment
Denise Himes

sure they spy I know they have to watch you and grade u for your merits at work. but going through emails and other personal crap is just too suspicious. it saddens me that no one can really trust no one anymore before the face of God!

August 28 2013 at 11:01 AM Report abuse rate up rate down Reply
metalsmithgirl71

it doesn't matter if they care or not. what i do on my own time is none of their business. you'd be surprised at what they can piece together on you.

September 24 2013 at 8:51 AM Report abuse rate up rate down Reply
mopsdefloor

I draw the line at off work activities. As long as what I'm doing on my own time is not illegal and does not compete with my employer, then it shouldn't be any of their business. All this type of intrusion does is breed distrust and encourage employees to lie.

December 11 2012 at 1:04 PM Report abuse rate up rate down Reply
goeurope

Not any more. I retired 3 years ago. Worked 45 years for the same company. I didn't care if they spied on me or not because I didn't break the rules at work. If I felt I needed to do something that was questionable, I always cleared it with my boss first. It's called CYA and it worked for me!!

December 11 2012 at 11:57 AM Report abuse rate up rate down Reply
cringe

I used to work for a major chemical company that fired some and gave others time off w/o pay for emails sent. I was given a one day suspension for supposedly sending jokes to others. The only problem was that the two jokes that they said that I sent were not sent by me. In fact the one joke I had never seen and the other was a joke that my daughter had sent to me on my home computer about five years previous when I first got the internet at home! And they also said that I had sent these jokes to my two co-workers but I never did that as we were always in the same area and would just read each others emails if we wanted to share. It was nothing but a scam. Granted there were some who sent jokes from their company computer every day and many of those were never punished. One of the biggest senders in my building was never punished even one day. And better yet, supposedly these two jokes came from another person in our building who never sent me any emails or jokes, so where did these come from? When they have remote control over your comupter when you have problems, don't you think they can also do more? I do! To me it was just a way to get rid of people, we even had a couple people that I know of, who were going to be fired but committed suicide before they could fire them! Sad!

December 10 2012 at 10:40 AM Report abuse rate up rate down Reply
2 replies to cringe's comment
EmployeeAtty

Hi cringe. It sounds like the employer may have broken the law if they were searching through your personal emails using their remote access to your computer. They sound like awful people to work for.

December 11 2012 at 6:21 PM Report abuse rate up rate down Reply
metalsmithgirl71

they can't get remote control of your personal, at home computer unless you gave them permission to do so. something i would NEVER do.

September 24 2013 at 8:52 AM Report abuse rate up rate down Reply

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