Can Employers See Private Facebook Messages?

Do Employers Have the Right to Monitor Their Employees Electronically?

If a valid purpose exists for the business to monitor employee messages, then employers can do so. For example, employers have the right to examine employees’ messages via Slack, work emails, business phones, and more.

Employees Must Pay Attention

When workers accept a job offer, they should be aware of their employer’s policies regarding electronic monitoring. Most businesses include this information in the company’s handbook or review these policies during training.

It is even more vital that employees know that their company has the legal right to read their workplace messages, even without an established written policy. Workers can and should ask about these policies during the hiring process, especially if electronic monitoring issues are important to them.

Employers Who Waive Monitoring Rights

A portion of employers gives up the right to survey their employees’ communications. In this case, businesses tell workers that their emails or messages are confidential and cannot view emails for any reason. There have been instances where employers used employee emails for illegal purposes, for example targeting striking workers who organize through chat or email. This illegal monitoring is impossible when employers waive their rights to view emails. However, when employees use workplace computers, the laws become more complicated.

The issue with Workplace Computers

When employees use their email on a company computer, the business can view their emails with written consent. This policy acknowledgment signals the start of the worker’s employment term and clearly states that the business monitors computer use.

An Example: Workplace Monitoring

Jessie is excited about his new position at Pamplona Paper Company. After completing his first training day, he signs a slew of documents via his new email account. One of these agreements is a consent form stating that Pamplona can view the emails Jessie sends and receives through his workplace Outlook account.

Jessie agrees to this policy and ensures that his work emails do not cross into personal territory. Jessie also receives written confirmation from Pamplona Paper that the company has the right to read his Facebook messages since Jessie sends them on a company computer. Since Jessie rarely uses Facebook and it does not feel violated by this, he agrees. Jessie goes on to succeed at his new job, glad he read all the documents carefully.

This example could go a different way, of course. For instance, if Jessie had a personal or professional issue with Pamplona’s policies, he might have decided the position was not for him.

Update: Tiffany, Gatorgolf, and Slack’s Privacy Policies

Tiffany also accepts Gatorgolf’s Slack policies and is pleased that Gatorgolf fired Derrick since he brought down the group’s attitude and productivity. Gatorgolf pays for its employees’ slack accounts; by law, Slack is a type of workplace technology. Therefore, Tiffany’s employers maintain the right to monitor her Slack messages.

What is the Best Way to Communicate Safely at Work?

Jimmy, Tiffany, Jessie, and many other employees throughout the country wonder: are their electronic communications at work considered private?

The reality of the workplace situation these days is that online communications are monitored in various ways and, therefore, not considered private. Businesses possess the legal right to view and survey their employees’ online activity. However, companies must be transparent and consistent about their policies.

An Example of Wrongful Termination

When Frank begins working for a small law firm, the partner Bobby Higgins informs him that the firm cannot and will not access Frank’s messages on Facebook. This business documents this agreement.

However, three months later, Frank sends a message to a friend on Facebook. In the message, Frank reveals that he thinks the law firm is poorly managed and “will be bankrupt soon if Bobby keeps choosing the wrong clients and not charging enough money.”

Two days later, Bobby fires Frank based on his Facebook message. Frank consults with a wrongful termination attorney. The attorney tells Frank that he has a strong case, and Frank files a lawsuit for wrongful termination against the firm and Bobby Higgins. The lawsuit is successful based on a violation of company policy, and the firm pays Frank an agreed-upon sum.

Safe Communication Methods

However, employees can avoid conflict by being careful with their messages and reading all documents they sign when hired. Here are some additional actions workers can take to keep workplace technology issues to a minimum.

• Avoid using personal accounts on company machines, including email and social media such as Facebook.
• Be aware that other individuals—and the recipient—will read the messages they compose and send.
• Do not express anything that might be offensive to an outside party.
• Avoid sending messages that could make people feel uncomfortable, including oneself.
• Ensure that messages via workplace machines and work accounts pertain to business, not personal affairs.
• Read and record all company policies and handbooks regarding online monitoring.

When workers communicate mindfully and carefully, they tend to avoid problems with workplace messaging. Of course, sending messages is necessary for everyone’s workday, but remembering to keep messages professional helps keep both employers and employees safe.

Contact a Wrongful Termination Attorney

While these electronic privacy issues are complex, some employers violate their employees’ rights when it comes to communication. For example, some employers defy their policies and terminate workers based on messages they send.

Employees whose employers violate their rights to electronic communication must speak with a wrongful termination attorney about their experience. Qualified attorneys listen to the details and decide if wrongful termination has occurred and what the next steps are.