Modern businesses have undergone a significant transformation over the last five years since the COVID-19 pandemic and the advancements in artificial intelligence (AI) technology. With the rise of remote work and the desire for more workplace efficiency, companies have been eager to boost productivity in any way they can. This trend has led to the increased use of employee monitoring software.
Why Employee Monitoring Software Has Become So Popular
Employee monitoring is not a new thing. Supervisors and managers have traditionally monitored employee activities using surveillance cameras, attendance records, or observing them up close. The purpose is to ensure that those employees are working hard on company time and not wasting time.
However, the traditional ways of monitoring employee activities are no longer sufficient, especially since many of them work on computers and smartphones in digital workspaces. Employers now feel it is necessary to use employee monitoring software to track all kinds of employee activities in the workplace. Some of these activities include the following:
- Clock-in and clock-out times
- Current employee locations within the premises
- Websites and applications used (including the times they were used)
- Screen captures of computer activity
- File transfer records
- Project time tracking
- Keyboard and mouse activity
Many employers would argue that employee monitoring software tools enable them to ensure that their employees are working more efficiently, especially when they have teams spread out across multiple locations in and out of the worksite.
Where Productivity Ends, and Privacy Begins
While employers may have legitimate reasons for monitoring employee workplace activities, many employees still have genuine concerns regarding their privacy rights being violated. After all, some employees are even required to install the monitoring software on their personal devices if they use them for work. That could open up a gateway for employers to access the personal files, photos, and other information of their employees.
The question is, when do the monitoring tools stop collecting work-related information and start collecting personal information? Employees are more likely to accept employee monitoring software if their employers provide them with complete transparency regarding the specific information being tracked and how that information will be used.
Employee privacy concerns are only growing for employees who work remotely because the employee monitoring software practically invites employers into their private homes to track them. At least a traditional office environment helped separate an employee’s personal and work space so that the monitoring feels less intrusive. But now with more employees working from home, their personal space has become their work space.
Productivity stops when employers are monitoring employee activity and information unrelated to their jobs. Privacy begins when employers only monitor work-related activity. Unfortunately, too many employers are tracking both the work and personal information of their employees. Whether it’s intentional or not, employees have a legal right to stop this from happening.
When Employee Monitoring Should Raise Legal Concerns
Employers generally have the authority to monitor any employee work performed on company-owned devices. With that being said, employees still have legal protections in many situations if the monitoring appears excessive, discriminatory, retaliatory, or violates any state or federal employment laws.
For instance, let’s say you’re an employee who reports workplace misconduct committed by one of your managers. Then, in response, the manager puts you under surveillance as a form of retaliation against you. Something like this could be a violation of state or federal anti-retaliation laws.
Another example is if your employer uses the monitoring software to monitor your activity outside of normal working hours. If there is no clear work-related justification for monitoring your activities, it could be a violation of your privacy rights. But you won’t know for sure until you speak with an experienced and licensed employment lawyer about the matter to better understand your rights.
An employment lawyer specializes in employment law, particularly regarding harassment and discrimination in the workplace. Any employee who is unfairly targeted for surveillance may have a civil case to bring against their employer for mistreating them and violating their worker rights.
“Being mistreated at work can leave you stressed, financially vulnerable, and unsure where to turn,” said Edgar Manukyan, Managing Attorney at Manukyan Law Firm. “No one should have to choose between keeping a job and protecting their rights. If you believe your employer has mistreated you, speak with an attorney as soon as possible.”
What Employees Can Do to Protect Their Rights
Employees should not automatically assume that employee monitoring software is tracking their personal activities and information. In fact, most legitimate companies will provide their employees with an employee handbook that outlines all the workplace policies and the type of information being monitored.
So, the first thing you should do is review your employee handbook to learn about the information of yours that the employer is supposed to be monitoring. And whenever possible, try to avoid making personal phone calls or private business transactions on your company-related computers and devices.
Employees do have some responsibility to try and separate their personal business from their work-related business. An employer will only cross a legal boundary if they maliciously or intentionally try to monitor an employee’s private activities and information, especially if it is unrelated to their work.
If you ever have concerns about the employee monitoring software in your workplace, you could seek advice from your human resources department for further clarification on the matter. They can generally answer common questions about the monitoring software and clear up any misunderstandings about it.
However, if you continue to believe that your company is unfairly monitoring you, the next step is to contact an experienced employment lawyer for further guidance. The lawyer will explain your legal rights in this situation and advise you on what additional actions you can take.
Finding the Right Balance
Employee monitoring software is not necessarily a bad thing to have in the workplace, as long as it is used responsibly. It can help businesses drastically increase their productivity by motivating remote and on-site employees to work harder and faster. At the same time, productivity should not come at the expense of an employee’s right to privacy.
Clear communication and transparency with employees are the best way to find the balance between productivity and privacy. If an employer can find the right balance, they don’t need to worry about employees taking any legal actions against them.
