May 23 Tip of the Week

“The Hazards of Employee Monitoring”

In today’s workplaces, employers have limited means of monitoring employee performance.  Supervisors and managers cannot be everywhere at once and cannot look over an employee’s shoulder to watch what they are doing and how productive and effective they are at work.  This is particularly true in current times, where more and more employees are working from home or remotely.  That leaves employers with two options to judge an employee’s performance:  (1) sit back and wait for complaints to be made about an employee or (2) monitor the employee’s performance through various electronic and other means. 

The first option is not a good one – it is reactive and much damage can be wrought by an employee who generates complaints from customers, clients, or co-workers.  In many instances, employees who are the subject of a complaint have been long term poor performers and a complaint has only been made because someone is fed up with their conduct or their actions have been so egregious that the individual who was subject to the behavior was compelled to file the complaint.  In either case, the result is the same – an employer has allowed an individual to continue to work and engage in damaging behavior unchecked – and that is unacceptable. 

The second option is much better, but comes with its own pitfalls.  Employers are permitted to monitor their employees and their behavior and performance at work, but there are restrictions related to such monitoring.  Employers must balance the employee’s right to privacy with their right to oversee and supervise an employee’s actions at work. Employers must also be up to date on the state laws related to video and tape recordings, protections for individuals involved in legal recreational activities, and other provisions of the law that address employee privacy in the workplace and beyond. 

To protect themselves when engaging in employee monitoring, employers must have clearly written, widely disseminated policies regarding their monitoring activities.  And, those policies must be vetted by a labor and employment law attorney to ensure that the they are legal.  MyHRcounsel can assist you in drafting and reviewing these policies.  The best defense to employment claims is legally compliant, well-written, and consistently enforced workplace policies and myHRcounsel is here to assist you in understanding your legal obligations and crafting those policies.