Your Company is Watching You - Employee Monitoring

Navigating the Risks of Early-Stage Startup Employment

A crucial public service announcement for the new year: Individuals employed at startups, particularly those with evolving IT infrastructure and rapidly changing organizational structures, face an elevated risk of employers prioritizing swift action over seeking prior approval. This approach is understandable given the fast-paced nature of early-stage companies.

This discussion stems from conversations with startup employees – who wish to remain anonymous – working at a well-known organization. While corroborating sufficient details to identify the company remains a challenge, the following reminders are pertinent as we begin 2022.

Communication and Monitoring Considerations

Exercise caution regarding communications on company platforms. While Direct Messages on platforms like Slack may seem private, company administrators possess the capability to export the entire history of messages sent within an instance. Legal restrictions on data exportation may exist, but discussing illicit or unethical activities via these channels presents significant challenges.

Be aware of potential monitoring of company-provided equipment. Employment contracts often contain clauses outlining acceptable use of company resources. Review your contract carefully, as it may grant the company the right to monitor your computer activity.

AktivTrak reports being utilized by over 9,000 organizations, offering tools to “Reference detailed logs of user activities and security events…while simultaneously providing insights to help ensure compliance.” (Screenshot: AktivTrak website)

Numerous software solutions, such as AktivTrak, ActiveOps, and Veratio, enable employers to monitor employee activity, sometimes with varying levels of transparency and consent.

Understanding Internal Dynamics

Recognize that Human Resources represents the company’s interests. While HR professionals may be friendly and helpful, their primary responsibility is to protect the organization. When your interests diverge from those of the company, remember that HR personnel must maintain their employment and relationships with their superiors, even after your departure.

Do not feel obligated to demonstrate unwavering loyalty to a company. Particularly in “at-will” employment environments, such as those common in the U.S., employment is contingent upon the company’s financial needs and your contribution to profitability. Startups are especially susceptible to shifting priorities and goals.

Strategic objectives can change rapidly based on board meetings and financial conditions. A department once considered vital may become less important as circumstances evolve. Leadership may be compelled to prioritize key performance indicators (KPIs) and focus on growth and customer acquisition, potentially diminishing the importance of other areas.

Protecting Your Position

Avoid voluntarily resigning from your position. If management or HR attempts to induce your resignation, it is generally advisable to resist. Resigning can limit your access to certain benefits, including unemployment compensation. Furthermore, signing a release agreement that waives your right to sue the company can significantly weaken your legal options in the future.

Have you experienced a situation where HR utilized your Slack messages or emails against you? I am currently speaking with several startup employees across different companies and welcome your insights. Contact me at tc@kamps.org.