ABA Family Legal Guide

Computer Law

Computers on the Job

May employers really monitor my activity like that?

The overwhelming majority of legal commentators, as well as courts that have decided such cases, say yes. The office computer, they note, is no different than the telephone on your work desk, the use of which employers have traditionally and quite legally limited to work-related communications (such as by prohibiting personal calls on company time).

In fact, many employers now have written policies saying they can and will monitor office computer use. These policies are often contained in the reams of documents given to new employees. These employees are often instructed to sign a piece of paper confirming that they have received the policy document.

Companies defend their examinations of employee e-mails and website visits as necessary to protect proprietary information from being downloaded and e-mailed, to discourage harassment in the workplace, to reduce waste, fraud, and abuse of the company's resources, and to ensure that office computers are being used for company business.