In most of the United States, employers have broad rights to monitor activity on systems they own. Employees have limited privacy at work, but there are limits, and state laws sometimes add protection.
What employers can usually monitor
- Email sent through company accounts.
- Files, browsing history and chat messages on company computers and networks.
- Activity on company-owned phones.
- Phone calls and video on company lines, often with notice or consent.
- Location on company vehicles and devices.
Where limits apply
Federal law restricts secretly intercepting private communications, and many states require notice or consent for recording calls. Some states require employers to tell employees about electronic monitoring. Personal accounts and devices are harder for an employer to monitor, and employers generally cannot demand access to certain personal social media accounts in states that protect them. Monitoring cannot be used to discriminate or to interfere with legally protected activity, such as discussing wages.
Protect yourself
- Read your employee handbook and any technology policy, which usually spells out what is monitored.
- Assume company systems are not private and keep personal matters on personal devices and networks.
- Do not use work email for sensitive personal or medical matters.
- Ask whether you are being recorded if you are unsure.
- Keep records if you believe monitoring is being used to retaliate against you.
When to get help
If an employer reads your private accounts, records conversations without consent or uses monitoring to punish protected activity, consult an employment attorney or your state labor agency.
Frequently asked questions
Can my boss read my personal email on my work computer?
If you log in to personal email on a company device, the employer may be able to see activity and saved data, depending on policy and state law.
Can employers use GPS on my personal phone?
Generally not without consent, and some states limit tracking off the clock.