Many employees today wear headsets for phone conversations because it frees their hands to type and check facts on the computer. While their headsets are still on, employees often speak with each other as well. The question arises, can employers monitor their employees’ conversations? The answer is yes, in the same way an employer can monitor employees’ conversations with clients or customers. However, if the headset has a mute button, then an employee can put the headset on mute when not using the telephone.
Other legal ways for employers to monitor phone activity is through a register, which is a device that keeps a record of numbers dialed and the amount of time spent on each call. These records can help employers analyze call times or calls into certain areas with sales or other phone activities for effectiveness. For example, is there a correlation between longer calls and sales? Or is the company making a lot of sales in a particular demographic or location?
Private Rights Clearinghouse indicates that as an employer, you may run into employees who believe you are using the register unfairly to evaluate their efficiency. Employees may accuse you of not taking into account their quality of performance. So, it is important to know your legal rights as an employer and ensure you also have methods in place to evaluate an employee’s performance fairly.
At Stephen Hans & Associates, we often answer questions like these, and of course, each situation has its own unique and specific concerns. For this reason, if you run into problems, you should schedule a consultation so you can get a legal opinion that takes all the facts into consideration.