Monitoring employee activity

A request that comes around a couple of times each year is a client who is looking to monitor the internet activity of their employees. I’ve been helping clients with this for years, but the first place we always start is the employee handbook: do you have a policy to permit your monitoring. Why you ask. According to the trial courts of California, your employees have an implied sense of confidentiality because they use a password on their computer. So, what can you do? A couple of options. One would be to amend your employee handbook. Another would be to have a written computer use policy. Beyond simply settings yourself up to monitor this activity, the mere fact that you publish this policy will be a strong deterrant to your employees.

So, what should you include in this policy…

• The computer network, servers, computer and internet is the property of the company
• Information created, stored or transmitted through the company network is subject to inspection and monitoring
• Personal computer or other technologies, which are connected to the company network are subject to monitoring and inspection
• There is no assumption of confidentiality for any activity taking place on company resources
• The personal use of the company network is {discourage, prohibited, permitted}
• The use of the company network for illegal activities, including p2p filesharing, is prohibited
• Company harrasement policies include electronic forms
• The company may backup, make copies or otherwise duplicate any information on any equipment connected to the company network
• Management, at it’s discretion may monitor, track, log or otherwise review the use of the company network, including internet and e-mail activities.

As always, be sure to consult your business attorney before implementing a policy of this nature, as well as before taking any form of monitoring actions towards your employees. The illegal use of monitoring of employee activity may not only nullify any sort of disciplinary action, but may also open your company to legal action