Answers to tricky HR questions: What if we think an employee’s accessing banned Web sites?
March 2, 2009 by Jim GiulianoPosted in: Answers to tricky HR questions, Behavior, Communication, Complaint investigation, In this week's e-newsletter, Latest News & Views, policies
Our team of experts fields real-life everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: How do you proceed legally when you suspect an employee is using his work computer to access banned Web sites? Question:
We suspect that one of our employees is using his company computer to access pornography.
We have a company policy banning such use of our computers and Internet access. Are we on safe legal ground if, without the employee’s permission, we examine his computer to figure out which sites he’s been accessing and whether he should be disciplined?
Answer:
Generally speaking, employees have little or no expectation of privacy when it comes to company equipment and resources, including employer-provided Internet access. That’s the opinion of Larry Peikes, an attorney who specializes in employment law for the firm of Wiggin and Dana.
Consequently, it’s difficult for an employee to claim the employer invaded his or her privacy by inspecting or monitoring the use of its own computer. You’re wise to publish a specific policy about Internet use. That eliminates any claim that the employee was unaware of the potential for monitoring.
Tags: HR, internet, pornography
March 30th, 2009 at 11:51 am
We have fired an employee for going on to porn sites. We have warned an employee regarding using the company computer to go on to dating sites. We will continue monitoring that employee’s computer. Employees here know that they cannot expect privacy on the company equipment and it has been discussed at a couple of employee meetings. I think eveyone has gotten the message.
But on the other hand, we do not routinely look at employee’s computers to catch them. We only look at the computer when we have had complaint from a co-worker regarding what they have seen when walking by or when our Network Administrator finds something that looks suspicious.
I feel that we need to trust our employees until they show us they can’t be trusted. I don’t have a problem with employees doing some personal stuff on a company computer (checking the weather, checking the news headlines, etc.) As long as productivity does not suffer and the sites are not offensive, I am not going to get too excited. Employees spend much of their waking hours at work and I would expect them to do what it takes to keep their lives together without burdening the company.
I have a problem with management that spends it’s time (wastes it’s time) looking at everyone’s computer to “catch” them. This is counter productive and borderline harassment.
March 30th, 2009 at 12:19 pm
It is sad to say but some employees cannot be trusted. After monitoring, we found most employees were surfing for personal reasons an hour a day – and not during lunch hour. We had to install blocking software because they just did not adhere to the policy. The web was just too compelling. Now the problem is solved (after much complaining about not being able to check their personal email). They are still free to surf during their lunch hour and before and after work hours.
June 23rd, 2009 at 10:14 am
I have a executive who is going on first discilpine due to not getting projects done correctly.He has poor planning skills and doesnt seem to complete projects entirely. At the intial first discipline he informed me that he is experiencing dizziness, panic attacks, depression due to his physical ailments. He had brain surgery 5 years ago. They successfully removed the tumor but recently in the last 6 months is dizzy, feeling like he had drinks when he hasnt , etc. He is seeing his neurosurgeon on Monday and is seeing a therapist to deal with his depression and anxiety problems. Can I still press on with discilpining him if his work doesnt improve? What can I do?
July 22nd, 2009 at 11:57 am
I agree with Maggie. We have a computer use policy, but realize that employees will, on occassion, access non-work sites. We trust that our employees will do the right thing. However, if someone gives us reason to investigate their use of their computer, we will. We terminated one employee for accessing porn and devil worship sites during work hours. We discovered his actions when our system indicated several viruses. Upon investigation by our IT Dept. the employee’s actions were discovered and it was found that the viruses entered our system through the employee’s downloads.
Also, we have disciplined for excessive non-work internet use during work hours and for email abuse.
An employee kept complaining that he just didn’t have enough time to complete routine work and especially didn’t have enough time to take on any special projects. Upon evaluation of the employee’s work habits, management discovered the employee was spending anywhere from 2 to 3 intermittent hours per day using the internet for personal use. The employee claimed that he had no idea he was spending that much work time using the internet.
The email abuse was discovered when the employee accidentally sent a personal “chat” email to the wrong person. The employee in this case was using the email system to visit with family and friends moreoften that using the system for communications involving the employee’s work.
The terminated employee threatened to sue. We heard from a reliable source that when the terminated employee spoke with an attorney about the matter, the attorney adivsed the ex-employee to move on. The ex-employee did not even attempt to file for unemployment.
July 29th, 2009 at 12:42 pm
We lose about 30% of employees productive time due to internet use. Due to nature of our business, we just can not shut the internet off. Firing trained and high skill employees in a small company of 5 is hazardous to the health of the company. We feel our hands tied to do much about it. Policies are worthless in this situation. I do not feel there is a good answer for this problem…..any ideas????
September 1st, 2009 at 1:05 pm
This is a response to Seth’s question which is; “Can I still press on with discilpining him if his work doesnt improve? What can I do? Yes, you should follow through with the disciplinary action as it relates to his performance and not on his physical or neurological problems. You were going to discipline him before he brought up the subject. So you should proceed as planned.