- When asked in a recent poll on tracking at work, a number of employees admitted they didn't know if they were or weren't being monitored.
- While employee monitoring is legal in most cases, it can still feel invasive and demoralizing for workers.
- Find out the pros and cons of employee tracking, and learn how to have a respectful conversation with your boss about it.
Is your employer watching you work? They could be tracking your hours, monitoring your activity, and keeping tabs on your every move. Cue the horror movie soundtrack.
If you don’t know, you aren’t alone. In a recent Glassdoor survey, 36% of employees admitted that they have no clue if they’re being watched by their employer.
Being surveilled by your boss always feels a little creepy and intrusive. But not even knowing if it’s happening? Well, that adds a whole extra layer of uncertainty and suspicion.
You might be wondering if there’s a way to do some detective work and tell if your boss is actually watching. Or, you’re asking yourself “Is it even legal for them to spy on me like that?” We have answers to all of your burning questions about employee monitoring right here.
What is employee monitoring?
Employee monitoring is exactly what it sounds like: Your employer is watching and reviewing your work activities or performance in some way.
If that explanation feels broad, it’s because it is. There are many different aspects to employee monitoring. For example, companies can use it to track and measure your:
- Work time and attendance: From when you signed on or snuck out to walk your dog to when you logged off, a work time tracker gives your boss visibility into your moves — even when you’re remote. While some sly employees use mouse jigglers or other hacks to create the illusion of real work, companies are becoming increasingly skilled at detecting those workarounds.
- Productivity: Whether it’s how many tasks you’re checking off in your project management platform or how many instant messages you’re sending in a single day, using a productivity tracker is one way employers gauge how much you're getting done.
- Communication: Some companies install software to track and analyze all of the communication — emails, instant messages, and more — that you send and receive on a company device.
- Security: From video surveillance to network monitoring, many companies use employee monitoring not only to keep tabs on work but also to protect the organization from theft, data breaches, or any other suspicious activity.
While the topic of employee monitoring gained a lot of attention with the pandemic and the sudden shift to remote work (searches for “employee monitoring software” skyrocketed by 75% in March 2020), it’s actually nothing new.
Employers have long used key cards for building access or GPS to keep an eye on employees who need to visit different locations. Those count as employee tracking too — but they admittedly seem a little more legit than your boss spying on your computer activity and conversations.
These days, when someone mentions employee monitoring, they’re typically referring to a company surveilling workers to ensure they’re working. And that’s what most businesses are using it for. In a recent survey, employers readily admit that the main reasons they’re using monitoring software are to “understand how employees are spending their time” and to “confirm employees are working a full day.”
Is employee tracking legal?
Here’s the short answer: Yep. Employee monitoring might feel invasive or even a bit unethical, but it’s completely legal. Federal law allows employers to monitor their workers.
And while some people are quick to point to the Electronic Communications Privacy Act of 1986 as protection against employers reviewing their emails and other messages, it’s not all that bulletproof. Employers are allowed to look at employee communication as long as they can prove it was done for legitimate business reasons.
With that said, some states do have specific laws that limit or direct what employers can do with regard to monitoring. For example, Connecticut, New York, and Delaware are the only three states where employers are required to disclose to employees that they’re being monitored. In all other states, the ECPA means employers can surveil workers without ever letting them know.
The good and bad of employee monitoring
The answer to this one depends on who you ask. For companies, employee time trackers or other similar monitoring software seems like a good way to stay in the know — particularly when people aren’t in the office and it’s tougher to confirm they’re actually working. Recent estimates state that nearly 80% of employers use some sort of monitoring software to track employee performance and online activity.
But ask employees and they’ll be quick to point out the many pitfalls of this level of surveillance, including:
- Lower productivity: While employers might think that this level of supervision means workers are more likely to focus and hustle, the opposite seems to be true. In our recent survey, 41% of employees said employee surveillance makes them less productive — likely in large part due to the increased anxiety and paranoia that comes from knowing they’re being observed.
- Mistrust: For employees, close monitoring feels a lot like babysitting. It indicates that their boss can’t trust them to get their work done without vigilant oversight. And when workers crave autonomy, ownership, and independence now more than ever, that careful scrutinization sabotages employee trust and makes them feel incapable and micromanaged.
- Decreased morale: Research shows that employee monitoring increases stress and decreases job satisfaction, giving employees overall lower morale as they tackle their workdays.
And interestingly enough, even though employers think monitoring is a safeguard against slacking and other bad behavior, it actually backfires. According to recent research, employees are more likely to break the rules when they know they’re being watched. Consider it a small act of defiance.
Check to see if your employer is monitoring you
When you’re in a room with other people, you’re biologically programmed to notice when you’re being watched — it’s a phenomenon called “gaze detection.”
But your human nature doesn’t come in as handy when it comes to determining if you’re being monitored on your work devices. In fact, it’s downright tough to tell if your boss is watching.
If you’re game for doing a little detective work, there are a few steps you can take to discover whether your employer is actually surveilling you — or if you’re just feeling paranoid.
1. Check your computer
Your devices will give you some of the biggest clues that your employer is using software to monitor your work. Here are a few things to keep your eye out for:
- Is your computer running slower than normal? Some tracking software uses a lot of resources, which can lead to laggy performance and glitches when you’re trying to get your work done.
- Is your webcam light on? As “Black Mirror-esque" as it sounds, some companies use the computer webcam to quite literally watch employees work. If you see your webcam light on but you aren’t actively using it for anything, it could mean that you’re being watched. (We know — it’s creepy.)
- Are there unrecognized background processes running? As TechniPages explains, if you’re on Windows 10, Alt + Ctrl + Del keys will open the Task Manager, where you can check the Processes tab and see what’s running. If you’re on a Mac, head to Utilities and check out the Activity Monitor. Keep in mind that some companies hide monitoring programs, though — so not seeing them there doesn’t mean you’re totally in the clear.
All of the above could happen for a variety of reasons (or technical hiccups), so they aren’t a foolproof sign that you’re being monitored. But they can be a helpful clue, particularly if you notice them in combination with some of the other signs on this list.
2. Pay attention to your boss’ discussion topics
Does your boss seem to anticipate your questions, needs, or challenges? Do they mention specific scenarios or topics before you’ve had a chance to even hint at them yourself?
It could mean that they’re super in tune with what’s happening on the team (or, you know, psychic). Or it could mean that they’re getting insider information about what you’ve been up to.
3. Review your contract and policies
Some employers address employee privacy and monitoring in employment contracts or policy handbooks. But unfortunately, even when they do, the language is usually intentionally vague and open-ended.
Even so, it’s worth a peek at your contract or procedures to see what (if anything) your employer has to say about employee tracking.
And if you’re reviewing a contract for a potential new job, keep an eye out for those clauses too. It’s easy to only scan for things like salary and benefits, but you could miss something important about your privacy rights or the level of employee monitoring the company uses.
4. Ask questions
Here’s the most reliable way to determine if you’re being tracked: just ask. Have a respectful, candid conversation with your manager to ask questions like:
- Are they using employee monitoring software?
- What specifically are they tracking or monitoring? Hours? Communication? Something else?
- When is the monitoring software active? “It's important to clarify with your employer if these tools are also active during non-work hours,” recommends one respondent to a Glassdoor bowls thread.
- Who are they monitoring? Is it for all employees? Certain teams? Poor performers?
If your boss is willing to be honest and forthcoming, you can move forward with real information — rather than relying on your assumptions.
Your boss is (maybe) watching
It’s unnerving to think about your employer supervising your work activities — especially when you aren’t even aware they’re watching you. But with the majority of companies admitting that they use employee monitoring software, chances are good that your boss is keeping tabs on something you’re doing.
As unsettling as it is, it’s perfectly legal. If it still makes you feel jittery, try using a separate device for your personal activities, logging out of your work accounts at the end of the day, and asking some candid questions about what they’re tracking to get at least a little peace of mind.
And regardless of whether your employer is spying on you or not, it seems like this is still the safest advice to live by when you’re on the clock: Don’t do anything you wouldn’t want your boss to find out about.