Companies often use technology to catch employees who break rules. But is it possible for them to go too far?

In one recent case, an employee’s manager suspected he was sleeping at his desk while he was supposed to be working.

To make sure it was true, the company’s IT department  installed a security camera that gave the boss a view inside his cubicle. When the video showed him napping during work hours, he was fired.

The employee sued the company, claiming an invasion of his privacy.

His case was tossed by a judge. Why?

The employee had no “reasonable expectation” of privacy at work. His cubicle was open, and the inside could be seen at all times by those around him. The surveillance and the resulting termination were upheld by the court.

In most cases, employees can’t claim they have a right to privacy. Companies should be extremely cautious, though, about monitoring employees in “non-public” areas (for example, restrooms).

Cite: Smith v. Methodist Hospitals of Dallas

Tags: monitoring employees, privacy, video surveillance