Can Your Employer Monitor Your Emails, Chats, or Computer Use in Ohio?

Today’s workplaces are increasingly digital, and a great deal of work-related communication happens over electronic means: email, chat, smartphone, and so on. Employees are reasonably concerned about whether their employers will respect their privacy. So, can your employer legally monitor your computer use in Ohio?

The general answer is yes, your employer can monitor your use of their computer systems or electronic devices. Here’s what Ohio employees need to know.

For private-sector employees, there is generally no reasonable expectation of privacy on work devices and accounts

If you have an employer-provided computer, smartphone, tablet, or other electronic device, your employer generally can monitor your use of those devices in the “ordinary course of business.” Likewise, if you have an employer-provided email account or use workplace messaging software like Slack, your employer can monitor your usage of those systems. There is no expectation of privacy.

Indeed, there are some circumstances where your employer has a legal obligation to monitor or review messages sent on workplace communications systems. For example, if your employer has reason to believe that someone is being sexually harassed through its email or messaging systems, the employer must investigate to avoid legal liability for the harassment.

Likewise, the employer may need to review electronic communications to investigate potential fraud or other wrongdoing.

But even if your employer is not required to monitor your use of electronic systems, there are a number of legitimate business reasons why an employer may want to monitor usage, such as to improve productivity or ensure that it is only paying for systems that employees actually need to do their jobs.

For public-sector employees, there are some constitutional protections

The Fourth Amendment prohibits the government from conducting unreasonable searches, and that includes the government as an employer. So, if you work for a government entity, you actually have some constitutional privacy rights in the workplace.

However, the expectation of privacy is reduced in the workplace, and there are a variety of reasons why even government employers are allowed to monitor or review their employees’ usage of electronic devices.

The Supreme Court has held that government employers can conduct searches, including reviewing electronic communications, for non-investigatory, work-related purposes without a warrant, as long as the search is not excessively intrusive under the circumstances.

Government employers are also allowed to investigate work-related misconduct. However, this is a complex, evolving area of law, so it’s always important to get legal advice on your individual situation.

There is some protection for personal phone calls in the workplace

The federal Electronic Communications Privacy Act (ECPA) provides some protection for employees of both private and public employers. In particular, the ECPA generally prohibits employers from monitoring personal phone calls, even if made in the workplace, without the employee’s consent.

Note that employers can and often do obtain this consent during the new hire onboarding process.

Other legal protections can apply to employer communications monitoring

It’s important to note that while private employers generally can monitor employee computer and email usage, they still have to comply with other relevant laws. For example, an employer cannot single out employees for heightened monitoring on the basis of race, sex, religion, or any other legally protected characteristic.

Likewise, if they acquire information about your religion, disability, or another protected trait by monitoring your communications, they legally cannot factor that information into employment decisions.

The best practice for employers is to develop a written computer usage policy, clearly communicate that policy to employees, and then follow it consistently. If an employer monitors employee computer usage in a sporadic, inconsistent, or arbitrary manner, there is a real chance they are violating some other law.

Talk to an experienced employment law attorney today

If you have reason to believe your employer has violated your rights in the workplace, it’s important to get legal advice as soon as possible.

Talking to an attorney isn’t a commitment to take legal action; it’s an opportunity to get answers about your rights and options. Contact Gibson Law, LLC for a free case evaluation today.

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