QUESTION:
Ken:
If we want to monitor a few of our employees via GPS on a company phone or a GPS unit in a company vehicle – what are the requirements regarding notifying those employees? I believe we are obligated to tell them they are being monitored, although we would prefer to do the monitoring covertly.
I'm quite sure their right to privacy outweighs our right as an employer to monitor their activities, even though they are on paid company time, driving company vehicles and we suspect, falsifying their time sheets, and getting paid for work they are not doing.
Any advice you are willing to provide would be very much appreciated !!!
Mary Beth Peters
Waukesha, WI
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ANSWER:
There are two issues here. GPS on a company vehicle and monitoring office telephones. Let's do the easy one first. Unless specifically prohibited by statute in your state you are permitted to put GPS on company vehicles. I doubt that any notice to the employee would be required. It would probably be a good idea to have a company - employee handbook that explains the proper and authorized use of a company vehicle. I would also disclose that company vehicles may be equipped with GPS to ensure proper use of the vehicle. The company is not likely breaking any privacy laws by installing the tracking device provided it is clear that vehicles are provided for company business purposes only. If the company does permit employees to use the vehicles off company time and for personal use, then tracking at those times may be inappropriate.
It is more likely that the improper use of tracking information may lead to invasion of privacy issues, rather than the fact that there was tracking. For example, suppose that personal use is permitted. Tracking discloses that on personal time the vehicle is driven to and parked at a known strip club. Company personnel discloses that information to others, causing embarrassment. That more than likely violates civil rights or privacy laws. Conversely, if the same tracking disclosed that use during company time, the employee could be properly disciplined.
You can not surreptitiously install a tracking device on your employees personal vehicle, even if used for company business.
Telephone monitoring presents different issues. Every state and federal law restricts audio interception. An employer who owns the telephone system can install listening devices. Employees should know the company policy on use of the phones for personal use. If phones are restricted for business purposes only then there is no expectation of privacy. Even so, it makes sense that a company handbook, or employment contract, provide that phones can be monitored and recorded.
Employment agreements are a good idea for all employees, and the security industry is no exception. You can get an Employment Contract on my web site at www.alarmcontracts.com. That form presently does provide that company phones can be monitored and the employee consents. Keep in mind that states are either one or all parties consent jurisdictions. In your state either one party or all parties to a conversation have to consent to recording or interception.