Posted on January 11, 2019 | Wrongful Termination
Technology allows for greater communication, but it also leaves an electronic footprint of all your private discussions. In personal circ*mstances, you expect your email and private messages to remain private – and for the most part, you have that right.
Workplace electronic communication is a different story. Many employers take advantage of certain tracking devices to read employee communications – which isn’t a pleasant thought. However, most employers maintain the right to monitor private work messages.
Slack and Workplace Privacy
In April 2018, the workplace collaboration tool Slack made headlines when it introduced a new update that allowed employers to view employee messages. Slack operates like a network of chat rooms for employees to facilitate communication and collaborate on various ideas. However, the platform has evolved into a more social app and many employees began to use it for personal communications with coworkers.
Employers have had the power to read Slack messages since 2014. However, employers had to download a “Compliance Export” to read an archive of past messages. Slack users received a notification when an employer orders an export.
However, their updated policy changes this process. Slack discontinued Compliance Exports and expanded its downloading options to include the following:
- Workplace owners can download all public data
- Employers on the Plus plan can download all data from their workplace’s Slack communications, including private channels and direct messages
- Employees will no longer receive notifications when the employer orders an export
Slack users have questioned the ethics of this practice. The platform is unique due to its social media-like style and format, leading many employees to assume that their messages are private. However, employees should not assume that any work-related technology they use is private.
Does Electronic Privacy Exist in the Workplace?
Whether you use Slack, workplace email, or a business phone, employers have the ability to monitor your messages – as long as there is a valid business purpose for doing so. Usually, employers will inform their employees of this activity during training or in a policy handbook. Even without a written policy, a company still has the legal right to read messages transmitted through workplace accounts.
However, some employers waive their right to monitor these communications. They will tell their employees that their emails are confidential. In addition, employers cannot monitor emails for illegal purposes, such as targeting employees for organizing a strike.
In the case of monitoring personal communications on a workplace computer, the law becomes more complex. If you use a personal email on a company computer, your employer can monitor your emails on a workplace computer with written consent. Usually, the employer obtains this consent through a policy acknowledgment, which states that the employer will monitor all computer use.
In the case of platforms like Slack, employers typically purchase and provide Slack accounts for their employees. As a result, the law considers Slack a form of workplace technology and employers have the right to monitor it.
Tips for Staying Safe With Workplace Communications
You may wonder if your communications are truly private on workplace accounts and electronic devices. The short answer is no, they are not. Your employers have a legal right to monitor their employees’ electronic activity. However, there are actions you can take to avoid issues with workplace technology.
- Always assume that someone else will read your messages.
- Do not write anything to another coworker that could be offensive to an outside reader.
- Do not send any messages that you would feel uncomfortable if someone else read.
- Limit all communications on workplace devices and accounts to work-related activities.
- Do not use personal accounts on company devices.
- Review all company policies for information on electronic monitoring.
Always exercise caution when communicating in the workplace. Keeping your messages professional will help you remain in good standing at your job, both online and on the ground. But if you believe your employer violated your privacy which resulted in termination, talk to a Los Angeles wrongful termination attorney to check if you have a case in your hands.
FAQs
Even without a written policy, a company still has the legal right to read messages transmitted through workplace accounts. However, some employers waive their right to monitor these communications. They will tell their employees that their emails are confidential.
Can employers look at your private messages? ›
Your private messages on your personal device are generally protected from your employer. It would be difficult for an employer to claim that reviewing your personal communications on your personal device is necessary to serve a legitimate business purpose.
Can my boss see my texts on my work phone? ›
Your employer may monitor your personal text messages on your company cell phone. Employees of private companies should have no expectation of privacy when using company-issued hand-held communication devices.
Can my boss see my private Slack messages? ›
Can Slack read my direct messages and private channel messages? Yes. Slack doesn't give employers this visibility out of the box but employers can request access. This process varies based on a workspace's pricing tier.
Can my employer read my text messages through WIFI? ›
Wi-Fi owners, admins, and other prying eyes cannot read your text messages when you connect to their Wi-Fi. If you suspect someone is seeing your texts, they use other workarounds such as spy/monitoring apps.
Are private messages private? ›
In computing, a private message, personal message, or direct message (abbreviated as PM or DM) refers to a private communication sent or received by a user of a private communication channel on any given platform. Unlike public posts, PMs are only viewable by the participants.
Is it legal to show private messages? ›
It is a breach of trust, and it can ruin friendships or relationships when shared without consent. However, sharing a private conversation publicly will rarely be illegal. The times that it may be illegal are when the conversation contains personal information that is protected and the sharer did not have consent.
Can my employer see everything on my work phone? ›
Can an Employer Track Your Work Phone? Yes. Employers can monitor employee phone calls for the purpose of quality control. Technically, employers are supposed to stop listening once they become aware that the phone call is personal.
Can my boss go through my personal cell phone? ›
Can your boss access your cell phone? Private employers do not have a legal right to access your personal cell phone in most cases, according to privacy attorneys, but a business cell phone, even when used for personal use, is a different matter.
Can my boss listen to my conversations at work? ›
The Electronic Communications Privacy Act of 1986 (ECPA) and the common law protections against invasion of privacy have put some restrictions on workplace monitoring. The ECPA prohibits an employer from intentionally intercepting the oral, wire and electronic communication of employees.
How Easy it For a Slack Admin to Go Through Employees' DMs? While an admin has the right to review private messages and channels, he or she may only do so in the proper circ*mstances. In order to conduct such a review, the employer will need to contact Slack for permission.
Can workspace owners see private channels? ›
By default, all Workspace Owners and Admins can manage public channels with channel management tools. The Workspace Primary Owner can also manage private channels and allow other Workspace Owners or select Workspace Owners and Admins to manage them as well.
Are deleted Slack messages really deleted? ›
If you delete a channel, messages and revisions will be permanently deleted, regardless of your workspace retention settings.
Can your texts be monitored? ›
Spyware can be used by anyone, not just hackers
One popular app, mSpy, boasts the ability to monitor text messages, calls and social media interactions. The app can be installed remotely on an iPhone if you have the proper iCloud credentials. For Android phones, someone will need to install it on the phone directly.
Who can see your texts? ›
Anyone, not just hackers, can use spyware
Sure, it makes sense, but there's no preventing someone with bad intentions from using this software to keep tabs on you. One popular app, mSpy, monitors text messages, calls, and social media interactions.
Can a WiFi admin see what on my phone? ›
Yes. If you use a smartphone to surf the Internet, your WiFi provider or a WiFi owner can see your browsing history. Except for browsing history, they can also see the following information: Apps you were using.
Can text messages be monitored? ›
Someone can access your past messages via iCloud and Android backup apps such as Dr. Fone, which can be installed on a PC. Once they're in there, they can see all your past messages. mSpy certainly isn't the only app of its type out there.
What can employers see on your personal phone? ›
Technically speaking, a company can see the wireless carrier, country, make and model, operating system version, battery level, phone number, location, storage use, corporate email and corporate data. The company can also see the names of all the apps on the device, both personal and work-related.
Can a company look at your personal phone? ›
Can your boss access your cell phone? Private employers do not have a legal right to access your personal cell phone in most cases, according to privacy attorneys, but a business cell phone, even when used for personal use, is a different matter.
Can my employer see my browsing history on my private phone? ›
Can my employer see my internet activity on my personal phone? A: NO, if your personal phone is not connected to the company's WIFI or if you did not grand any access to your personal phone to your employer.
