Can your employer monitor your texts, emails, or social media?

Wisconsin’s laws grant reasonable privacy to its residents, but this can be complicated in workplaces. Employers may have access to your communications, such as emails, text messages or social media activity, but only under specific circumstances.

Here are some things you need to know about how your company can track you.

Employers monitor company email and devices

If you use a company-owned computer, phone or email, your boss may have the right to monitor messages sent through them. In many cases, communications sent through work systems receive less privacy protection than those sent through personal accounts.

Your employee handbook likely details how your employer monitors your communications through work devices or company email. Make sure to review those guidelines and practice caution when discussing sensitive information with your co-workers in company chats or emails.

You have more privacy with your personal devices

Employers have fewer rights to search your personal phone, computer or email. However, they may still have some way to partially track you on your devices if:

• You use your personal phone or computer for work
• You have company software installed on your personal devices
• You voluntarily shared information during a workplace investigation

In this case, your employer may only monitor work-related matters on your personal devices or they risk violating Wisconsin employment law and privacy laws.

Social media is a case-to-case basis

You may keep your private social media accounts private, but employers can still access and review your public posts. False statements you make or engaging in online behavior that can affect the company’s reputation can lead to disciplinary actions.

Know your rights

Workplace privacy is not always straightforward, but Wisconsin laws have safeguards against employers who violate your rights. If your employer improperly or illegally monitored your communications or disciplined you based on protected activity, speak to an experienced employment lawyer so you know your options.