By Howard Levitt and Alexis Lemajic
Employees are required to devote their full time, attention and energy to proper performance of their duties
“Electronic monitoring” includes website tracking and device monitoring and may even extend to activities on personal computers or devices that are used for work purposes during work hours, regardless of whether an employee works on-site, remotely or under a hybrid model. Further, the required policy must include a description of how and in what circumstances the employer electronically monitors employees and for what purpose any information obtained may be used.
While employee monitoring prior to Oct. 11 may engage certain privacy laws, it is currently not captured by employment legislation. Remote job seekers could be providing their employers with just the armament needed to cut loose quiet quitters and underperformers before they have secured their next opportunity — all without their even knowing it.
Our best advice to employees? Save the job search for your personal equipment after working hours and contact an employment lawyer for advice if you think you may be a fiduciary.
This article should also serve as reminder to any employers who have yet to update their policies as the Oct. 11 deadline draws near.