How to Monitor Your Employees – Legally

You pay them to work, but are they really working? After all, you can’t know what each employee is doing every moment of the day – or can you? Better yet, should you? Ian Cook, director of HR knowledge and research at the B.C. Human Resources Management Association; Gavin Marshall, an employment lawyer at Roper Greyell LLP; and Richard Rosenberg, president of the B.C. Freedom of Information and Privacy Association, outline the do's and don’ts of employee monitoring. No secrets

You pay them to work, but are they really working? After all, you can’t know what each employee is doing every moment of the day – or can you?

Better yet, should you? Ian Cook, director of HR knowledge and research at the B.C. Human Resources Management Association; Gavin Marshall, an employment lawyer at Roper Greyell LLP; and Richard Rosenberg, president of the B.C. Freedom of Information and Privacy Association, outline the do’s and don’ts of employee monitoring.

No secrets
Rule number one: don’t be sneaky. B.C.’s Personal Information Protection Act (PIPA) states that, except in very narrow circumstances, you can’t covertly collect information about your employees. “Employers must generally put employees on notice for the collection, use and disclosure of personal information,” notes Marshall. So clear policies that define appropriate use of business time are a good idea. If you don’t inform staff that they’re being watched, you can’t use that information to discipline them.

Drug testing
So you think Joe in accounting seems overly alert or a little too happy? A random drug test might be tempting, but Canadian law is generally not on your side. Rosenberg notes that unless there are mitigating circumstances – like a police warrant – you’re going to have to consult with your employee in advance. Consultation can include a management policy that permits drug testing for safety-sensitive positions if an accident occurs or if there is reasonable cause to suspect impairment, Marshall explains.

Web watch
There’s plenty of software out there for tracking Internet and email usage, such as StaffCop or NetVizor. And according to PIPA, you are legally responsible for all the personal information in your custody or control, including employee emails. Even so, if you’re going to install spyware on your office computers, you have to let staff know.

Camera shy
Placing surveillance cameras, hidden or not, to catch your receptionist cursing the FedEx guy may not be such a clever solution to customer complaints. It violates the rule of consent, and PIPA states that organizations must act reasonably when secretly collecting information. “In the majority of work situations, using a camera to track staff productivity is overstepping the bounds,” says Cook. Plus, he adds, “It’s also sending the wrong message to your staff. If you’re even thinking of monitoring employees this way, why did you hire them?”

Train your staff
All the employee monitoring software in the world can’t make up for good management practices. “What’s smart is to have really good line managers and supervisors who are trained to build a team and connect with a bunch of people and get them onside with the business,” says Cook. If you discover that staff are bad-mouthing the company in chat forums and blogs, he says, “you should look at how you are leading your people and your business.”