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The reason why we love TV shows like The Office is that most of us can relate to the daily dramas, difficult personalities, and ridiculous requests that are part of the modern day corporate workspace. We either are Michael Scott, or we have worked with him. Though the ears of family and friends are surely subject to a good deal of venting, the best person to share frustrations with is usually an empathetic colleague. That was the relationship Karen Gould and Julie Snyder had when they were employees at Fantasy Interactive, a digital design shop that works with clients such as CNN, Google and HTC.
The two instant messaged each other frequently throughout their work days. A print-out of their Skype exchanges over one two-week period is over 100 pages long. Since Snyder was in HR and Gould, a producer for the company, was planning a move to Hawaii to begin working remotely for the company, some of the chatting involved administrative details about health insurance and Gould’s hourly billing. But their chats also included long digressions about the men in their lives; agonizing over the exact timing, tone, and frequency of emails and calls from those men; links to lingerie purchased for a visiting boyfriend; regrets about unprotected sex; plans for housing in Hawaii, with links to various Craigslist postings; and discussions about interior decorating. The Onion might describe many of the exchanges as “validating the living sh** out of each other.”
Their chats also included venting about their workplace — “I hate this place,” wrote Snyder repeatedly — plans to apply to other jobs with Snyder asking Gould if she would look over her resume, and many complaints about their boss, CEO David Martin, who they referred to as “a skeez,” a “pathological liar,” “a f***ing dick,” and “evil.”
The chats were read by Martin, after he instructed an IT person to access the Skype file on Snyder’s computer and print the content of their messages after Snyder made “troublesome statements” in the office. He then confronted Snyder, according to a legal complaint, telling her, “I spent three hours reading all your conversations and I know all about you and all of your boyfriends.” Shortly thereafter, in November 2010, Snyder was fired and Gould resigned, according to Fantasy Interactive.
That would usually be the end of that story, but Gould and Snyder decided to sue the company alleging invasion of privacy and violation of electronic communication laws [as well as unpaid overtime and unfair termination], adding another addition to the growing pile of cases filed against employers for close digital monitoring of their employees’ activities.
“There’s no expectation of privacy on work computers,” said Aimee Drouin, Fantasy Interactive’s lawyer, who the company put me in touch with when I asked for comment about the case.
In Snyder et al v. Fantasy Interactive Inc, filed in the Southern District of New York where FI is based, Gould and Snyder claim that Fantasy Interactive “hacked their Skype accounts” to read messages that were exchanged outside of work hours and on non-work devices. Fantasy Interactive claims that it only accessed the file available on Snyder’s computer and that the company’s HR manual makes clear that there’s no expectation of privacy in files and communications on a work device.
Skype is often touted as a private, encrypted method of communication. Gould and Snyder apparently didn’t realize that Skype saves transcripts of instant messages, not in the cloud, but in an easily accessed file on the computer a Skyper is using.
Via the Skype help page: “By default, the instant messages you send and receive are saved on your computer and you can view them at any time… [I]f you sign in to Skype on a different computer, instant messages you have sent or received on one computer in the last 30 days are copied to the other, enabling you to automatically synchronise your chat history.”
Convenient! But potentially bad for privacy if it carries conversations you have on your phone or home computer over to your work device, where it may be fair game for your employer to read. Beware.
“Accessing the Skype file did not involve hacking,” said Drouin in a phone call. “It was like copying a Word document from the computer.”
Fantasy Interactive moved to dismiss the lawsuit, but a New York judge ruled that the plaintiffs have valid claims under the Stored Communications Act and that the case can move forward to trial, given the allegation that Fantasy Interactive accessed “communications occurring outside of the workplace on Plaintiffs’ personal computers.”
I suspect that the plaintiffs’ privacy claims will be undermined by the way that Skype works. Still, they did score some parting shots at their former employer. The Skype chats that are now part of the public record [thanks to Fantasy Interactive entering them in its own defense] aren’t just embarrassing for Gould and Snyder.
In one chat in October 2010, Snyder complained that for a visit from client HTC, the company faked occupying two floors instead of one, and pushed desks around to make it look like there were more people working there than there actually were. [Which apparently worked out well for them: FI announced in the fall of 2010 that HTC hired the company as its global digital agency after sending representatives all the way from Taiwan to visit FI’s New York headquarters.]
Whether Fantasy Interactive actually invaded Gould and Snyder’s privacy in reading their Skype messages will be determined by a court. But when litigation happens, and documents like this start entering the public record, invasions of privacy — of both defendants and plaintiffs — are inevitable.
CorrectionsReprints & Permissions
If you work from home, you may already know the rules on your employer recording work calls or meetings for training or safety purposes. But most laptops have speakers, microphones, and webcam capabilities that are always present.
It can make you start to wonder: Is my work listening to everything I do at home?
Is My Work Computer Listening to Me at Home?
The answer to this question may depend on the technical qualities of your laptop [see more below]. But the answer is no – nothing gives your workplace the right to record in-person interactions that may occur in your home. This is true for any personal communications, from conversations with a spouse or child to a call on a personal phone while sitting at your work desk, to listening to music on your cellphone or home speakers while working.
Your employer does not have the right to “bug" your home, eavesdrop, or spy on you through a work computer or work phone. You have federal rights to privacy through the Electronic Communications Privacy Act [ECPA], and your work must legally ask for your consent to monitor your work calls or computer use while working.
However, anything personal you choose to do with work equipment waives your rights to privacy.
Using Your Work Computer for Personal Use
Anything you do on your work computer can be monitored or recorded by your employer. This includes the websites you browse, things you write in personal emails or chat, or when you use a work phone or Skype-type service to make a personal call.
The truth is, you have few rights or recourse if your employer decides to take action against you for something done on a work computer, such as having a phone conversation about illegal activity or browsing inappropriate websites.
It is essential to be aware that doing anything personal on your work computer will generally leave you in the wrong – not your employer.
To be safe, never do anything personal on your work computer or work phone. Hang up or disengage if anyone tries to handle personal affairs with you through your work equipment. And double check that you did hang up a work call before having a personal conversation at home.
Technical Aspects of Your Work Computer
Learning about your computer's functionality may help put your mind at ease. Many laptops these days have “kill switches" that turn off the camera and microphone when not in use. Many also have mute buttons for the microphone or camera.
Your computer generally cannot use the microphone or camera when it is closed or turned off, though you should read up on the exact features to be sure.
What to Do If You Think Your Employer Is Listening
First, read up about your employer's equipment use and recording policies in your employee manual. It is also a good idea to check your state's laws on employee protections and privacy acts.
If you suspect your employer heard a conversation that was not on a work phone or work computer recording program, you may have the right to take legal action. This is also true if your employer intends to discipline you for something they could not have learned from your work computer use.
These accusations are serious, and an attorney can stand by you to act. Contact an attorney with experience in employee and privacy laws for your state to get a detailed idea about the steps you can take.
Note: Keep in mind your employer can investigate your public profiles on Facebook or other sites and learn information, like lying about being sick at home while going to a concert or working from “home" in a different state without their permission. Public information can always be used against you.