Executive Employment: The Accidental Conference Call – Or Is It?

By: Natalie L. Lange

Employers are concerned with equipment and technology costs. The increased number of employees using company equipment for personal use has led to the adoption of monitoring practices in many companies as an attempt to combat costs. While employers are generally prohibited from intentionally listening to phone calls or intercepting electronic communications as provided by federal laws, a carefully crafted pre-consent practice may allow employers to circumvent such laws.

Many employers will obtain your consent through a policy. You may have agreed to a telephone or email use and/or monitoring policy and not know it. Such policies are often inserted as clauses into contracts or offer letters, or as part of a policy circulated around the office. In any event, if your employer has attained your consent through notice or signature, it can probably monitor your calls and emails. Conference call, anyone?