{"id":357918,"date":"2019-10-23T11:01:29","date_gmt":"2019-10-23T16:01:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/workplace-privacy\/employer-recording-personal-conversations-on-work-phones-and-com.html"},"modified":"2023-12-27T10:34:29","modified_gmt":"2023-12-27T15:34:29","slug":"employer-recording-personal-conversations-on-work-phones-and-com","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/workplace-privacy\/employer-recording-personal-conversations-on-work-phones-and-com.html","title":{"rendered":"Employer Recording Personal Conversations on Work Phones and Computers"},"content":{"rendered":"\n
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Employer Recording Personal Conversations on Work Phones and Computers<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you work from home, there’s a good chance your employer records your work calls and meetings for training or safety purposes. The tricky thing is that most laptops have speakers, microphones, and webcam capabilities. It makes you wonder if your employer listens to everything you do at home.<\/p>\r\n

This article will discuss whether your company can legally do this. We will also explain what to do if you believe your employer is listening to your private phone calls. In other words, do you have a reasonable expectation of privacy<\/a> in the office and at home?<\/p>\r\n

Is My Work Computer Listening to Me at Home?<\/h2>\r\n

It’s one thing to ask if your employer can listen to you while working from home. It’s another to ask if they’re legally allowed to do this. From a technical perspective, most work equipment today can intercept, record, and retrieve communications. It comes down to what your employer can and can’t do under the law.<\/p>\r\n

Federal law governs whether companies can eavesdrop on their employees. According to the Electronic Communications Privacy Act<\/a> (ECPA), your employer must have consent to monitor employees’ work calls or computer use.<\/p>\r\n

The ECPA only applies to communications related to your job. Nothing gives your employer the right to record in-person interactions in your home. This is true for any personal communications, from conversations with a spouse or child to a call on a personal phone while sitting at your work desk. It even extends to listening to music on your cellphone or home speakers while working.<\/p>\r\n

Finally, your company has no right to "bug" your home, eavesdrop, or spy on you through a work computer or phone. You have federal rights to privacy<\/a>.<\/p>\r\n

But, anything personal you choose to do with work equipment waives your rights to privacy<\/a>. For example, if you message friends on social media from your work computer, expect that your employer can and will read those messages. We’ll discuss this in further detail below.<\/p>\r\n

Using Your Work Computer for Personal Use<\/h2>\r\n

Your employer can monitor or record anything you do on your computer. This includes the websites you browse, things you write in personal emails and chats, and personal calls you make on your work phone or Skype-type service.<\/p>\r\n

Sadly, you have few rights or recourse if your employer decides to take action against you for something you do on a work computer. For example, your manager can discipline you if you have a phone conversation about illegal activity or browse inappropriate websites on your work computer.<\/p>\r\n

A good rule of thumb is that anything personal you do on your work equipment will generally leave you in the wrong \u2013 not your employer. It will be difficult to argue that your employer had no right to use the information against you when you were foolish enough to engage in illegal behavior on company time and using company property.<\/p>\r\n

Never do anything personal on your work computer or work phone. If anyone tries to handle personal affairs with you through your work equipment, hang up or disengage. Also, double-check that you hang up a work call before having a private conversation at home.<\/p>\r\n

Technical Aspects of Your Work Computer<\/h2>\r\n

Learning about your computer’s functionality may help put your mind at ease. Many laptops have "kill switches" that turn off the camera and microphone when not in use. Many also have mute buttons for the microphone or camera.<\/p>\r\n

The microphone and camera should be inoperable while your computer is not open or turned off. To be safe, research the exact features on your phone and computer.<\/p>\r\n

Why Would an Employer Listen to Their Workers’ Private Communications?<\/h2>\r\n

A company would try to intercept their employees’ communications for many reasons. If they’re work-related, they have a legitimate business reason to listen to them or read them. It is a significant violation of employee privacy if they are personal.<\/p>\r\n

Employers may try to intercept and record conversations involving more than just private phone calls. They may also have an interest in reading or listening to the following:<\/p>\r\n