Telecommuting and Privacy

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Question

We allow our employees to telecommute when it snows during the colder months. We have an employee claiming that, since he performs work at home on his personal computer, we are not allowed to monitor his work. Is this true? Should we provide all employees with company-issued laptops to use at home, allowing us to monitor their work? We are hesitant to do this because we are concerned that our employees may lose or damage our equipment.

Answer

While telecommuting offers a variety of benefits for employees, such as avoiding travel in hazardous weather conditions, employers must also address the associated issues. For example, employees should be made aware of their privacy rights when working from home. Just because work is being performed on a home computer does not mean that it is exempt from being monitored or inspected by the employer. Though the location may be personal, employees are still acting within the scope of employment.

Employers providing company equipment to employees should have a clear, written policy that addresses what to do in the event the equipment is lost, damaged or stolen. Employers can have employees sign a document acknowledging receipt of the equipment and indicating who is responsible for any damage. Employers can also consider insuring more expensive items.

It is always prudent to work with legal counsel to ensure that any telecommuting policy complies with all applicable laws. For example, some states, such as California, may require employers to reimburse employee expenses. Creating a clear policy will also help employees understand both their rights and responsibilities when telecommuting.