Are my rights being VIOLATED at work?

[meeshee1]

Hi guys,
Hoping some of you could help me out here or help me shed some light on a situation I have at work...

I work for a co. who processes credit cards for merchants, so we have to follow some pretty strict guidelines.. One of those guidelines is that I have to be on camera at work. This was disclosed to me when I first started and I didn't have a problem with that (but never signed anything), UNTIL.. we recently moved offices and now they've installed "high tech, high definition cameras" that are hard wired into my PC at work. They can zoom in, pan out, have night vision, the whole 9 yards. This I can semi-understand, but I've been told NOW without any prior knowledge or consent, that they can also record and monitor AUDIO!?!?! (i.e. us speaking in the room) :confused:

First, I have never signed any documentation stating that I am aware of this new "policy", nor that I understand or consent to it. They also said they will be downloading our PC's every week and looking at everything we do.. Now, for company purposes I can understand this, but do they have a right to see what's written in my personal email or what I do online during lunch hours? Is it different for private companies since it can be stated, "Well, that's our policy", or do I have any recourse or a way to fight this or show them my rights are being violated?

For the record, I work in VA one of the WORST states to work. It's what they like to dub "a right to work state." Any advice or links would be appreciated!

M. :mad:

[ghemminger]

your an employee your rights are screwed in 1000 diff ways

[AisA1787]

Sheesh, who in the world would think that is a good idea... I'm not sure how much help this is, but I heard on Kim Komando (AM radio show) the other night that either 40 or 60% (can't remember which) of employers monitor employees e-mail. Seems like it's common practice...?

here's a relevant quote from an article:



http://www.iht.com/articles/2007/03/05/business/workcol06.php

The Sarbanes-Oxley Act of 2002 and other U.S. regulations require publicly traded companies to archive all e-mail messages. Employers in the private sector also have complete authority to scrutinize every word, provided that they have established a policy and put it into writing.

Europe has stronger privacy protection for employees than the United States, but rules vary by country and many safeguards are being eroded by anti-terror legislation, said Simon Davies, director of Privacy International, based in London.

[ItsTime]

find a different job if you do not like the one you are in.

[RSLudlum]

I really don't know, but are those emails on their property ie on the co's computer so that data could be considered their property right?

[yongrel]

Nope. Their building, their rules, insofar as surveillance goes.

[NeoRayden]

I live in Indiana which is work at will state. This means that so long as both parties agree on the terms of employment and both wish to continue the agreement you are employed however employment can be ended at any time by either party for no reason if they so wish.

Being from that type of background I can tell you that if you do not like your employers policy then you are free to leave. Just like if they do not like how you work they can fire you.

Also if you are using you employers computer for personal things they may still monitor it. They may not monitor your activity if you are on lunch and on your own blackberry off the clock.

You must also be aware that your employer can stipulate what you can and cant talk about at work. So if you feel there is something that you might get retaliated against for then you should just not talk about it.

[RSLudlum]

solution for protecting your privacy concerning email: use your own device eg laptop for emailing during work/lunch hours.

Think about it this way. If I for some reason hire a computer tech to come into my house and work on my computer and he uses it for sending his own emails with or without my consent you don't think I have the right to look at what his emails were, unless i otherwise made an agreement with him not to.

[anonymous6728]

I worked in an office like that. Computers and cameras monitoring your every move. Supervisors marching up and down the walkways, getting penalized for every second you are away from your station. It's a high stress environment where the rules are stacked against you and you don't know who you can trust.

I got written up for punching in 10 seconds after my shift started and I protested-- I ended up getting reported by my supervisor when I refused to sign a disciplinary form. I waited for him after work and I snuck up behind him on the stairway and pushed him down a flight of stairs (there's no cameras in the stairwells). I ended up quitting the same summer. No one should have to work in such a hostile environment.

[Primbs]

That sounds worse than working for Dept. of Homeland Security or the CIA. They must spend more monitoring employees than what they pay the employees to work.

[sidster]

Nope. Their building, their rules, insofar as surveillance goes.

Goodie! I can have my company install these hi-def cameras and microphones
in the female restrooms!!!!!!!!! :D




Of course I'm kidding... but seriously, I do think that there are limits to what
a company can demand or expect from their employees. I would say as long
as the employee isn't doing anything illegal or abusing the internet services
(including email) the employer provides for work-use, some personal usage of
these servers is expected and can't be denied.

I do have some issue with eavesdropping on potentially private conversation
amongst co-workers. The company should have the right to monitor what
the employees say to customers either on the phone or in person, but to
monitor the employees 24/7 is wrong.

Personally, I would suggest finding a new job. No job is worth this type of
treatment. Such employers aren't worth working for.

[pinkmandy]

I got written up for punching in 10 seconds after my shift started and I protested-- I ended up getting reported by my supervisor when I refused to sign a disciplinary form. I waited for him after work and I snuck up behind him on the stairway and pushed him down a flight of stairs (there's no cameras in the stairwells). I ended up quitting the same summer. No one should have to work in such a hostile environment.



:eek::eek::eek::eek::eek::eek::eek:

Did he file charges? My mother fell down a flight of stairs, she almost died. You could have killed that guy.

[VoteForRonPaul]

They do not have the right to spy on your personal email unless your personal email is a part of the company's email system.
As example if your company's name is Mccain and your email is meeshee1@mccain.com then they have all the right to see your emails.

But if your personal email is a Yahoo email like meeshee1@yahoo.com they have ZERO rights to spy on it.

So I recommend that you create a personal email that does not belong to your company. You have Yahoo you have Google, you have a bunch of options. Just do not use your work email for personal stuff!

Also another important point; If you have as example a Yahoo email, do not use the company's email program(Outlook Express etc...) to read your emails. What you should always do is simply open your web browser write yahoo.com in the address bar and then login to your email like most people do. If you will use their program they will have all the right to spy on your emails because you allowed your emails to be downloaded onto their PCs.
It is that simple, use your web browser!!!

I hope this helps!

[IcyPeaceMaker]

Hi guys,
Hoping some of you could help me out here or help me shed some light on a situation I have at work...

I work for a co. who processes credit cards for merchants, so we have to follow some pretty strict guidelines.. One of those guidelines is that I have to be on camera at work. This was disclosed to me when I first started and I didn't have a problem with that (but never signed anything), UNTIL.. we recently moved offices and now they've installed "high tech, high definition cameras" that are hard wired into my PC at work. They can zoom in, pan out, have night vision, the whole 9 yards. This I can semi-understand, but I've been told NOW without any prior knowledge or consent, that they can also record and monitor AUDIO!?!?! (i.e. us speaking in the room) :confused:

First, I have never signed any documentation stating that I am aware of this new "policy", nor that I understand or consent to it. They also said they will be downloading our PC's every week and looking at everything we do.. Now, for company purposes I can understand this, but do they have a right to see what's written in my personal email or what I do online during lunch hours? Is it different for private companies since it can be stated, "Well, that's our policy", or do I have any recourse or a way to fight this or show them my rights are being violated?

For the record, I work in VA one of the WORST states to work. It's what they like to dub "a right to work state." Any advice or links would be appreciated!

M. :mad:

You have no reasonable expectation of privacy, and if you're using one of their computers for your email, remember that it is their computer, anything you do on it belongs to them. Unfortunately, that's the law.

[VoteForRonPaul]

You have no reasonable expectation of privacy, and if you're using one of their computers for your email, remember that it is their computer, anything you do on it belongs to them. Unfortunately, that's the law.
Show me the law?

There is no law allows any company to steal your password and then login to your personal email from behind you!
Actually this would be a violation of the privacy policies of other email companies like Yahoo or Google and that is against the law.
As long as she is not using the company's private email or their email program she is safe.
But any hack from her company to her Yahoo or Google email's password would be a clear violation of her/his privacy. And I do not believe any company would dare to claim that it does so.

[Tarzan]

Show me the law?

There is no law allows any company to steal your password and then login to your personal email from behind you!
Actually this would be a violation of the privacy policies of other email companies like Yahoo or Google and that is against the law.
As long as she is not using the company's private email or their email program she is safe.
But any hack from her company to her Yahoo or Google email's password would be a clear violation of her/his privacy. And I do not believe any company would dare to claim that it does so.

Icy is right... there have been several such rulings. If you are on their time and/or equipment they are exercising their rights... and you are violating theirs.

Go do the research yourself.

[meeshee1]

We're not a publicly traded company, so Sarbanes-Oxley probably doesn't apply to us. We DO however have to follow the guidelines as required by Visa and MC. That I understand, however I think we as employees should have and sign something in writing showing our knowledge and giving our consent to this type of "monitoring" as they call it. And yes, while their PC is their property, my personal email account, what I write in it, my bank account information, etc. IS MINE.

[meeshee1]

No one should have to work in such a hostile environment.

My thoughts exactly....

[JoshLowry]

Does your office look anything like this?

http://i30.tinypic.com/9sbfx4.jpg

[ARealConservative]

nope.

If you try to use government to force them to stop this practice, it is you violating their rights.

Better is to tell them you refuse to work for a company that uses such draconian practices and walk out.

Strike that - run out.

[meeshee1]

nope.

If you try to use government to force them to stop this practice, it is you violating their rights.

Better is to tell them you refuse to work for a company that uses such draconian practices and walk out.

Strike that - run out.

Yep.. I want to/plan to do just that. Problem is, like many of us, I have a mortgage to pay, etc etc.. :( I can't even afford one week without a paycheck. But you better believe I'm on my way to running out of this place.. :(

[ARealConservative]

Yep.. I want to/plan to do just that. Problem is, like many of us, I have a mortgage to pay, etc etc.. :( I can't even afford one week without a paycheck. But you better believe I'm on my way to running out of this place.. :(

I hear you.

I want to date a super model, but I'm simply not in the position to pull it off. Maybe I can force one to deal with me on the terms that I find acceptable.

Don't I have rights. :D

[FreeTraveler]

Nope. Their building, their rules, insofar as surveillance goes.

+1

You need to re-read the definition of rights. Rights and a private job agreement have nothing to do with each other. The concept of rights basically does not apply in this situation.

[BravoSix]

Show me the law?

There is no law allows any company to steal your password and then login to your personal email from behind you!
Actually this would be a violation of the privacy policies of other email companies like Yahoo or Google and that is against the law.
As long as she is not using the company's private email or their email program she is safe.
But any hack from her company to her Yahoo or Google email's password would be a clear violation of her/his privacy. And I do not believe any company would dare to claim that it does so.



I have nothing constructive to add. I just wanted to say that I was amused by someone saying "Show me the law" and then 2 sentences later makes an unsubstantiated claim that something else is against the law.

[torchbearer]

my rights are violated at work because my employer requires me to write basically an affadavit affirming how much i made in tips.. knowing full well that the IRS would use that as testimony against myself in court... inwhich i have the right to not be made a witness against myself.

[Ex Post Facto]

The best way to use cameras against an employer, if ever you see them pointing toward your private areas. If they catch people who monitor them doing something of that nature it will effectively stop the monitoring people from even fooling around with the cameras.

[VoteForRonPaul]

I have nothing constructive to add. I just wanted to say that I was amused by someone saying "Show me the law" and then 2 sentences later makes an unsubstantiated claim that something else is against the law.


Icy is right... there have been several such rulings. If you are on their time and/or equipment they are exercising their rights... and you are violating theirs.
Go do the research yourself.

It seems that nobody can find the law.

Let me give another example;
If you went into an internet Cafe, do you think it is the right of the owner of the Cafe to hack your password and then login to your email?
Another example; If you are in a Hotel and you are using the Hotel's computer to check your email. Is it the right of the Hotel to install a malicious software in the background in order to steal the users' passwords?

What I want to clarify here is that there is a difference between using the company's email and using a public email like Yahoo or Google.
Every company has its privacy policy. X company might say its my right to spy on my users' email, but that does not give the right for a Z company to spy on the emails of X company's users unless if this Z company gets a permission from the X company first.

[meeshee1]

I think my biggest concern right now is that they're telling us it's able to record audio? That to me is over the line. Video for security purposes is something I can (semi) live with. But to eavesdrop on my conversations with coworkers, customers on the phone, private calls (at lunch or on cell of course:D) is over the top for me. Also, even now, NOTHING has been signed by me even acknowledging or consenting to this new "security policy."