August 2013 Newsletter
Tip of the Month
Each month Human Resource Solutions sends out a newsletter with the latest advice for employers. The topic this month discusses the use of GPS devices to monitor employees.
Each month Human Resource Solutions sends out a newsletter with the latest advice for employers. The topic this month discusses the use of GPS devices to monitor employees.
GPS Monitoring of Employees
Monitoring employees, whether by GPS tracking or video monitoring, is becoming more prevalent. However, if an employer chooses to monitor their employees’ it is important to limit liability from potential “invasion of privacy” lawsuits.
Below are a few key suggestions on how to minimize your potential liability for monitoring:
Of these tips the most important thing to do is make sure employees are notified that monitoring could take place. The best way to do this is by having employees’ sign a notice that the monitoring may occur. This is because invasion of privacy claims only succeed if there is an expectation of privacy. And if an employee is aware they could be monitored, they do not have that expectation.
We do not advise monitoring employees outside of working hours, or without their consent. Therefore, if your company is considering monitoring your employees you need to make sure it is done properly.
Human Resource Solutions has a sample "Notice of Monitoring" form we would be happy to provide you with. If you are thinking about monitoring an employee please contact us, or an attorney, before doing so.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
Monitoring employees, whether by GPS tracking or video monitoring, is becoming more prevalent. However, if an employer chooses to monitor their employees’ it is important to limit liability from potential “invasion of privacy” lawsuits.
Below are a few key suggestions on how to minimize your potential liability for monitoring:
- Notify the employees about any monitoring that may take place
- Monitor only to the extent necessary to protect legitimate business purposes.
- Have safeguards to protect against unauthorized access to the information by people who don’t have a legitimate business purpose for using it.
Of these tips the most important thing to do is make sure employees are notified that monitoring could take place. The best way to do this is by having employees’ sign a notice that the monitoring may occur. This is because invasion of privacy claims only succeed if there is an expectation of privacy. And if an employee is aware they could be monitored, they do not have that expectation.
We do not advise monitoring employees outside of working hours, or without their consent. Therefore, if your company is considering monitoring your employees you need to make sure it is done properly.
Human Resource Solutions has a sample "Notice of Monitoring" form we would be happy to provide you with. If you are thinking about monitoring an employee please contact us, or an attorney, before doing so.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
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