Compliance Review: Employee Computer Use Policies
Employers often encounter instances of employee misuse of computers and other technology. A common response is to monitor employee computer use. However, issues of employee privacy rights and fairness are in play. When developing a policy, here are some considerations:
Give advance notice to employee about employer’s policy. To avoid invasion of privacy claims, warn employees in advance that the company reserves the right to monitor usage. Consider using an employee handbook disclosure or other signed acknowledgment
Specific terms to consider include:
Business use only, or a more flexible variation allowing some personal use.
No pornographic or other inappropriate websites.
Company not liable for disclosure/misuse of personal information transmitted by employee over company technology.
Employer may access and monitor email and internet use at any time without notice.
Employer will keep copies of internet or email passwords, and that the existence of such passwords is not an assurance of the confidentiality of the communications.
An effective computer use policy will communicate the employer’s expectations, limit privacy rights, and give employees advance warning of the consequences of violations. As with any other employee policy, review with counsel for legal compliance is prudent.
San Diego Employment Law Attorneys
Posted by
Christopher W. Olmsted on 04/15 at 06:55 AM
I agree with your post, Christopher. There is a flip side to minimizing corporate liability when it comes to computer use policies, that being living and working in an increasing free-flowing digital age where employees are digging deep in the Web to monitor brands, products, and services.
In doing so, there are some nasty finds. My company deals with this issue regularly and I had to write a policy basically stating that by working here you will be potentially subject to offensive materials and it is part of the job.
Without this understanding, that I include in all offer letters, we would be creating a potentially hostile work environment.
Dan Hall
dan <at> sourcingseattle.com
http://www.sourcingseattle.com
Posted by
Dan Hall on 04/15 at 11:52 PM
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