Our company has a policy that states the purpose for the employees work computer/station is to perform business related functions (the policy is reviewed with the employee and signed by the employee). Business e-mail and business related research ONLY. The company reserves the right to review computer files, e-mail and communications stored on any computer system on company property at any time for any reason... are such policies valid? Prior to disciplinary action should the company be aware of any specific California laws on this matter? We have an employee in California that constantly uses the company computer for personal reasons... up to 2000 visits per week to sites such as myspace, bank account, cell phone account, ordering flowers, emailing friends and family....

It's not uncommon for employees to use workplace computers for personal use. As you mention email and websurfing are common. One thing that an employee must understand is that they should have no expectation of privacy. I know that California has more liberal labor laws than other states, but I've never come across anything that would render such a policy as unenforceable.

DAW are you aware of any regulation that may contradict this?

DAW are you aware of any regulation that may contradict this?

No, although this is not an issue that I have researched. My background is payroll/accounting, and I must admit that my interest in many of the issues discussed on this board is pretty limited. I only look at certain forums for example. I tend to research issues directly related to payroll law.

My previous employer was a large software company based in California. They had a formal policy on this and made it very clear to all employees that using company equipment for personnal business (other then incidential use) was against company policy and that there should be no expectation of privacy. The Legal department there was quite conservative and would not have allowed such a policy to go into place unless they were pretty sure they could defend it.

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I will give an IMO answer for whatever it is worth. Do not have company policies unless the company is prepared to enforce the policy as stated. I would be uncomfortable with a policy that says any use of company equipment means termination, but then only terminated certain people when many people break the rule. Company policies should be realistic in what the company is willing to respond to. No bluffing. No favorites.

Another IMO, if an employee messes up and the action is in theory correctable:
- 1st time, tell them to stop and document the conversation.
- 2nd time, have a formal closed door meeting, and then tell to stop "or else" in writting.
- 3rd time, is "or else" time and show them the door.

There are no CA laws or regulations that I am aware of. Every employer that I have worked for had or created a very similar computer use policy, and has enforced it accordingly.

An employee who is using that much company time on personal use deserves at the very least a warning, and there is nothing in the law of any state I know of that would limit your right to do so.