Legal Question in Business Law in Washington

Re: Monitoring

I am assuming by "employee's computer" you actually mean employer's computer designated for employee's use. If the employee is actually using his or her own computer to do the employer's work (a practice that has actually been used by some employers, though in most situations I would strongly recommend against it) the following would not apply.

Generally, an employer cannot snoop where an employee would have a reasonable expectation of privacy. Thus, if the employees have lockers in changing rooms, secured by their own locks, the employer cannot snoop in the lockers unless the employees have previously been advised that this could happen. The employer has no right to search purses unless employees are previously advised that this may happen (as, for example, might be appropriate for workers in a prison).

However, employees generally do not have a reasonable expectation of privacy using the employer's computer. Employers have the right to read company email, monitor web traffic, etc. Employers would be wise to include a warning to this effect in employee handbooks. Employers would also be wise to have a policy of permitting some limited personal use by their employees (e.g., sending emails to significant others confirming whose turn it is to pick up the kids, using the web to check homeward traffic, etc.) However, employers have the right to dictate how their work equipment will be used and to monitor that use.

If this seems a bit draconian, consider that the employer could be held vicariously liable for criminal activity conducted on their computers. Employers also have a right to protect their computer software and especially databases from damage and intrusion by viruses and spyware, a real risk when users are permitted to visit any web site they please. Employers who want to claim the content of their databases as a trade secret also have an obligation to exercise due diligence in protecting those databases.