Can someone please let me know if it is legal to install a keystroke monitor on an employees computer to monitor thier activity without thier knowledge, and then use what you find to fire them?

Thanks,

i think you can do that as long as they agree and sign a contract that lets them know they are being monitored at work.

Even though privacy groups have barked, pretty much everything that an employee does on a work computer can be monitored (and used against them I guess). I have worked for a major corporation that monitors use, and I never had to sign a contract.

Plug in you own HD if you want to do you own work ... violates many grounds, but that the heck lol. If some employers installs without informing their employees, employees should do the same ;)

Do you or your company own the computer that the employee uses? If so, you can monitor their every move, either through software or hardward monitoring, without even notifying them.

There has been much debate over the legalities but up until now it has been ruled legal since the company owns the hardware and software and the employee is simply using it as a tool to do his/her job.

Employers have been monitoring company phone lines for years... and don't have to notify employees of it. If you're using it at work... it's fair game.

If the company owns the computer AND you have a policy against personal use, you may monitor their use of the computer.

That being said, if you hire good employees then you shouldn't have to worry about it. Monitoring their every move creates an environment of paranioa and dis-trust. I think it may be legal, but unreasonable to monitor your employees to this degree.

Hire quality employees, pay them fair wages, provide them with objectives to reach and measure their performance against their objectives and don't micro manage them. You will have employees who work hard to achieve their goals, often do extra work off the clock/payroll and ones who are conscientious of their work product.

Just my $.02 from my many years as a manager. You will never hit 100% with all of your employees but you can come close.

well said

Originally posted by CDHost

Employers have been monitoring company phone lines for years... and don't have to notify employees of it. If you're using it at work... it's fair game.

I'm not 100% sure, but I think monitoring company phone lines is illegal because there is always going to be someone on the other end that is not your employee using their own phone who would need to give consent. Unless of course it is an incoming call and you play the automated message "conversations may be monitored for quality purposes... blah blah blah".

Kiahost... If you are going to be logging keystrokes, I think you should be ok, but I would definitely consult a lawyer before you do anything. Always best to cover your butt!

Originally posted by mpope
I'm not 100% sure, but I think monitoring company phone lines is illegal because there is always going to be someone on the other end that is not your employee using their own phone who would need to give consent.

I know that in a call center environment, if your supervisor wants to monitor your calls to critique you or for other reasons, they have to stop listening as soon as they can establish that it is a personal call . . . of course, do you think they actually stop? They need water cooler material! ;)

[Edit: I caught an ex cheating on me through keystroke monitoring. Sure, it wasn't right, but I just knew deep in my heart what was happening and after trying to catch them in the act numerous times, it's all I could figure out to do. When I get a hunch about something, I am usually never wrong. When it was time for the breakup, I admitted what I had did.]

It's unfortunate that in today's modern world some organisations believe the best way to motivate and drive employees is by spying on them whilst in their working environment. It would appear that rather than fostering a productive mutually rewarding atmosphere where people can be people and are motivated to do better we'd just rather confront them with the fact they send five personal emails a day.

Whilst it's true some employees take advantage of the privileges given to them the overwhelming majority in an environment where they are given ownership of problems and are expected to deliver solutions relish these responsibilities.

Monitoring employees only does one thing, makes your employees distrust you because you distrust them, it's a vicious cycle which is difficult to end.

Spend the time / money / effort on something productive for the business - fostering relationships and making sure each and everyone of them knows what doing their job well means for the business and what it means if they don't.

Matt

I would expect a very high turnover rate if you persisted in this type of activity. Any decent employee knows that he or she is decent and will simply not stand for it. He or she also knows that another job can be found with relative ease. What you will be left with are the inept or the inexperienced.

Don't fool yourself into believing they won't know either. Do yourself a favor and trust your employees. It will pay off.

There is software out there that does that. Search for "Spy Software"

Sure it is legal. Be ready to find out things that might really shock you though. The truth is often typed instead of said.

Unless you have a specific reason to expect an employee of something illegal, spying on them would be very counterproductive, like said before....your turnover rate will be higher and your employees will be less effective

Yup, even without notification it is perfectly legal in all but two states, Delaware and Connecticut, and with prior warning its legal in all 50... like say for instance if an employee was let off for something else and just given a warning or a suspension, but told there was a keystroke logger on their computer etc... If you hire even halfway decent employees in the first place you really shouldn't have to deal with this kinda crap. ;)

-Brendan

Here's some links to some spy softwares:

http://www.spectorsoft.com/
http://www.safenetcorp.com/
http://www.internet-monitoring-software.com/

I found a good link for a model policy:
http://www.workrights.org/issue_electronic/em_model_policy.html