Can an employer legally monitor an employee’s emails? It’s not a simple yes or no question. It’s much more complicated than that.
When I was in law school in 2010, I saw a case where an employee sent emails to her lawyer through her personal yahoo account from a company device. The New Jersey Supreme Court decided the emails were protected.
However, a year later, another employee emailed her attorney from the company computer, and the California Court of Appeal decided that her employer was free to see the emails.
As you can see, there’s clearly a gray area, which I’ve made black and white in this article. I’ve explained when it is legal and illegal, the violations and limitations, how employers should monitor and how employees can protect private emails.
Check out our detailed post on Can My Employer Monitor My Personal
Is It Legal to Monitor Employee Emails?
Yes, it is legal for business owners to monitor employee emails, but some restrictions exist. According to the Electronic Communications Privacy Act of 1986 (ECPA), employers can go through all employee verbal and written communications as long as the company presents a valid reason for doing it.
In New York, employers are required to give proper notice to employees about their emails, telephone, and internet usage are being observed. This law has been effective from 7th May 2022.
Employers can also monitor emails if employees give written consent. And this consent can include both business and personal emails.
Before employees consent, the company must explain how they are being monitored; the reason for monitoring is to make them work harder, minimize risks, and maximize obedience to the company.
In addition, Federal courts have decided that after an email is sent, it becomes electronic storage on the companies’ computers, and owners can check computer storage.
Why Monitor Employee Emails?
In 2007, the American Management Association (AMA) conducted a survey and found that 43% of companies track their employee emails, and 28% of employees have been fired because of inappropriate emails.
Here are some reasons to monitor emails:
To Measure Employee Productivity
By tracking emails, employers can find out how much time an employee takes to reply to an email, which employees are performing well, who is performing poorly and improving their efficiency and when which employee is most active.
Check out our separate post on Can Text Messages Be Monitored By Employer
To Manage Workload
Employers can find out who is handling more tasks and allocate work equally.
To Manage Clients
Owners can check if employees are making any mistakes on the emails before sending them. Also, to find out which employees have bad written communication skills.
To Prevent Malicious Activities
By observing emails, employers can determine if any scammers are trying to steal company secrets or falsely charging for items.
Monitoring Limitations
The survey conducted by AMA determined that 15% of the companies got sued by employees for tracking their emails. Employers can be fined up to $500 for the first offense, $1000 for the second, and $3000 for the third offense. The New York attorney general can implement this law.
Business owners should have an email monitoring policy that clearly shows the risks of using emails for personal usage in the company. The policy should indicate that emails on company devices and networks are only monitored for business purposes.
Employers should clarify if they can monitor emails sent from personal accounts using company computers. Explicitly prohibit the employees from sharing company secrets and information with other companies. Failure to comply with these guidelines will result in immediate suspension.
There’s a balance between workers’ right to privacy and owners’ right to monitor emails. And if the scale goes one way or the other, they have the right to take legal action.
Here’s a complete guide on how to add email signature in Outlook.
FAQs
Can a company be allowed to monitor emails?
Yes, companies are allowed to monitor emails as long as it is for business purposes, and employers need to have employee consent to track emails.
How do I prevent my email from being tracked?
To stop your emails from being tracked, disable auto download images from the email client so the tracking pixel is unable to load. You can also use browser extensions that will warn you when there’s a tracker in the received data.
Can my employer see deleted emails?
Yes, your employer can see deleted emails. Some devices automatically copy emails that go through them, and some devices create copies of newly received messages. Some softwares even copy drafts of emails that were never sent.
Final Thoughts
So you see how your every online movement is tracked legally. Hence the question now is how to protect your private emails.
Simply don’t access your personal account when you are in the office and don’t send any inappropriate messages using a company device through the office network; what you might find funny, others might get offended.
Just strictly follow company guidelines, and your private life will remain private.
Let me know if you have any other inquiries regarding privacy issues. See you in the comment section.
