Perhaps you wondered the last time you were waiting on hold to "speak to a customer service representative" why it was necessary for your call to be "monitored to insure quality control," and yet this recorded disclaimer has become as common as the phrase "all of our customer service representatives are currently busy. . ."

There may be legitimate reasons for you to monitor your employees' telephone calls, internet transactions, and E-mail messages.  For example, one of your employees may be suspected of transferring confidential data, or sending offensive or discriminatory messages. 

Employee monitoring is strictly regulated, so violations carry stiff fines or even imprisonment.  What are your rights as an employer, and what are your responsibilities? As a general guideline, interception is legal "if the person intercepting the communication has the consent of one of the parties," (See Jeffrey A. Van Detta, Daniel F. Piar and Walter Johnson, "This Call May Be Recorded," The PEO Insider).   It is wise to monitor or intercept communication only when there is a "solid business justification" to do so. 

Verifying suspicion of criminal activity, preventing violations related to work rules, and quality control are usually legitimate purposes for monitoring.  Remember that personal communications are not subject to monitoring, even if business-owned equipment is used.  The laws are also stringent if the content of intercepted communications is shared with any person other than one with a "genuine need to know." Because laws vary from state to state, it is important to contact one of our Risk Management specialists for details about what is allowed in your state.  In addition, we can assure that your employee handbook contains the legal terminology necessary to protect you.

Source:  The PEO Insider