Q: My boss says that all my e-communications done while at the office are subject to his review. I think that private email accounts, such as Yahoo or Hotmail, are just that, private. This is causing a lot of strife at our small office. Help!
Joyce, Wyoming
A: Things have certainly changed a lot insofar as office etiquette goes, even in the past decade, has it not? As recently as the mid-90s, email and Web surfing were relatively new phenomena and not really an issue in the workplace, but the times they are a’changin.
Because electronic communications are so relatively new, there is not a lot of law to go on. On a federal level, while there is both a constitutional “right to privacy” and a right against unreasonable “searches are seizures,” but by and large they doesn’t apply to the workplace.
In many cases, states have more stringent privacy rights embodied in their state constitutions than available under federal law. But even then, the fact is, courts have traditionally, and almost unanimously, held that workers really have no privacy expectations or rights while on the job, and this is apparently as true in the e-age as before.
What does this mean for employees and owners?
It means that this is an area ripe for conflict. Personally, I see nothing wrong with an employee taking some time out of the day to send or receive some personal email, and I certainly don’t see how it is any of the boss’ businesses, especially if the shop is running smoothly and the work is getting done.
Similarly, it is far more common for an employee to take a break by surfing the Web than to go to the proverbial water cooler. Indeed, the Internet is the new water cooler. For example, my bros and I are voracious fantasy NBA players, and if they couldn’t monitor their team a bit here and there during the day from work, they might go a bit bonkers.
No harm, no foul, I say! (And yes, they got their work done.)
Of course, by the same token, a small business owner has a right to make sure that a privilege like Internet access is not being abused. That is why most are listening to what you write, say, and do while at work:
So if you have a computer at work, it is more likely than not that your employer is monitoring your Internet activity, whether you know it or not. Software is available that lets then see what sites you visit, for how long, and even how many keystrokes an hour you are engaged in.
By the same token, your employer can monitor your phone calls too, although some states are more stringent here. Using California as an example, employees have to be informed that their conversations are being recorded.
But typically, any call made from your place of employment can be observed for things such as the length of the call, to where and whom it was made, and so on.
So what protections do you have and what can you do if you want to make private calls or send private email while at work? Here’s a few tips:
Finally, if you want to be safe in the knowledge that your phone call or email really is private, then it would behoove you to engage in such activates from your own cell phone while on break, and out of the office.
Today’s Tip: An associate of mine from Microsoft has put together a very cool website intended to help you “turn your passion to profit.” Its called www.myyawp.com and the idea is to help you through a simple six-step process from business idea through implementation. Steve says check it out.