As an employee, you likely send dozens of messages a day, log into multiple sites, and sometimes even check a personal account during a quick break. But a question lingers in the background: how much of this can your employer see?

The truth is that employers have wide access to the electronic tools they provide. At the same time, you still have rights under federal and Connecticut law. Knowing where the line is drawn helps you protect your privacy and recognize when your employer may have crossed it.

How Much Monitoring Is Legal?

When you use an employer’s computer, phone, or email system, the company generally owns the equipment and has the right to monitor its use. Courts have repeatedly sided with employers when they monitor work email and internet activity.

In Connecticut, employers must tell you if they engage in electronic monitoring. This notice requirement covers email, internet usage, and phone calls on company devices. Employers typically provide written policies or employee handbook entries to comply.

There are exceptions, however. For example, if an employer has a legitimate reason to believe an employee is engaged in illegal activity, they may monitor without providing notice.

Monitoring is also limited by the National Labor Relations Act (NLRA). If your online activity involves discussing workplace conditions, pay, or union activity with coworkers, that speech may be protected. An employer that retaliates against such discussions risks legal action.

What About Personal Accounts and Devices?

The line becomes blurrier when personal communication enters the picture. Many employees access personal email or social media accounts during breaks. Whether your employer can monitor those depends on the device and network.

If you log into your company email on a company computer, your employer can likely see that activity. Some employers may use software that tracks websites visited, time spent online, and even keystrokes. Some programs take random screenshots. Even if the employer does not open the personal emails themselves, your usage leaves a digital trail.

On your personal phone or laptop, the rules shift. If you connect to the company’s Wi-Fi, your internet activity may still be visible to the network administrator. However, an employer generally cannot force its way into your private accounts or monitor activity on your personal devices without consent.

Bring-your-own-device (BYOD) policies add another complication. If you use your own phone for work email, your employer may require mobile device management software. These tools allow employers to wipe company data if you leave the job or lose the phone. While the stated purpose is security, the software sometimes gives employers more access than you expect. Always read the fine print before enrolling your personal device.

What Are Your Rights If Monitoring Goes Too Far?

Employers may argue that monitoring protects productivity, prevents harassment, and safeguards sensitive data. Those interests are real, but they cannot override your rights as a worker. If you believe your employer’s monitoring crosses a line, you have options.

First, check the notice you were given. Connecticut law requires employers to inform you about electronic monitoring in writing. If your employer never provided such notice, you may have grounds for a complaint.

Second, consider whether the monitoring targeted protected activity. If you used email or messaging to discuss wages, discrimination, or working conditions with coworkers, that activity may fall under NLRA protection. Retaliation in response to such communication is unlawful.

Third, think about privacy expectations. Courts often rule against employees who used company systems for personal purposes. But if you used a personal account on your own device, and your employer still tried to access it, that could amount to an invasion of privacy or even a violation of Connecticut’s social media protections.

If you suspect unlawful monitoring, documenting what you know is important. Save policies, notices, and any communications from your employer about monitoring. Record dates and times when you believe your activity was tracked. This evidence can make a difference if you decide to challenge the conduct.

Take Control of Your Rights

You deserve to feel secure when communicating at work, even if you know employers have some ability to monitor electronic systems. In Connecticut, laws require transparency, limit overreach, and protect workers who discuss their rights.

If you believe your employer has monitored your email or online activity in a way that violates the law, Madsen, Prestley & Parenteau, LLC can help. Our firm stands with employees, not employers, and we understand the challenges workers face when their privacy is threatened.