Employers are utilizing new 
technologies to monitor employees on computers, telephones, email and video. There are very few federal laws that protect a worker’s privacy. Therefore, if you are using company owned devices your employer can legally read your email conversations, listen to your personal telephone calls and check what websites you are visiting.
According to a 2007 American Management Association’s “Electronic Monitoring & Surveillance Survey”, 73% of employers monitored email messages, 66% scrutinized Web surfing, 48% watched over video surveillance, and 45% checked keystrokes and computer files. In some cases, employees are unaware of the company’s privacy policies and are being monitored oblivious to the watchful eye.
Because privacy rights are virtually unregulated, it is the employee’s responsibility to become informed of the company’s policies and to regulate their usage on company devices. Privacy policies can be presented in memos, employee handbooks or at meetings. It can even be as simple as a sticker on a computer or phone that displays the company’s rights to surveillance.
Always be mindful of what you say and do at work. Improper usage of employee technology can lead to termination. Therefore, it is important that anything that is private is communicated through personal devices or emails. Use a mobile phone or pay phone for personal calls, and create your own personal email for discussions that are not work-related. Be wary of your social network sites as well. According to a 2009 survey, 60% of executives believe they have a right to monitor employee’s social networking sites to see how employees portray themselves online. Don’t ever bad-mouth your workplace or boss on social networking sites, as there are no laws to protect you from termination.
If you believe that your employer is monitoring you for discriminatory reasons, it is important to take the necessary precautions to protect yourself. If you are being monitored more than other employees, or are being isolated as the sole employee being watched, file a complaint with HR and document any instances that attest to your claim. It may be advisable to consult an attorney if workplace discrimination is present.
If you are pursuing a legal claim against your employer, or even if you are just contemplating one, the most important way to protect yourself is to always use personal means of communication when contacting your attorney or a prospective attorney. Attorney-client communications may not be privileged if they are taking place over your work phone, email or other device owned and monitored by your employer.
Always assume that your workplace communications are being monitored, and protect your rights by avoiding personal conversations on company property.