Can We Use AI to Monitor Employees?

Dear Will & AiME,

We are looking at AI tools that can track employee productivity, summarize calls, flag compliance issues, and identify performance trends. The vendors say these tools will help us manage better and reduce risk, but some people on our team are worried it may be intrusive. What should we think about before rolling this out?

— Operations Lead, Midwest Services Company

Short Answer 💡

Yes, employers can use AI to monitor employees, but the program should be tied to a clear business purpose and comply with state privacy and employment laws. Before rollout, employers should provide transparent notice, review vendor contracts carefully, and maintain human oversight when AI-generated conclusions may affect employment decisions.

Dear Operations Lead,

AI-powered workplace monitoring can spot quality issues, improve training, detect cybersecurity problems, and give managers better operational visibility. It also changes the employer-employee relationship in practical, legal, and cultural ways, which is why a thoughtful approach pays off.

The key questions are: What are we monitoring, why are we monitoring it, and what will we do with the results?

How Is AI Changing Employee Monitoring?

Employee monitoring is not new. Companies have long reviewed emails, tracked login activity, recorded customer service calls, monitored company vehicles, and measured productivity. AI changes the scale and sensitivity of that monitoring.

A traditional system might show when an employee logged in. An AI tool can infer engagement levels. A call recording system might store customer interactions. An AI tool can score tone, emotion, compliance, or sales effectiveness. A security tool might flag unusual activity. An AI tool can generate a risk profile.

These inferences are powerful, and businesses benefit most when they apply governance to ensure accuracy and fairness.

Define the Business Purpose Before Choosing a Monitoring Tool

A practical approach begins with a clear purpose. Is the company trying to improve customer service? Protect confidential information? Meet regulatory obligations? Coach employees? Detect fraud? Allocate staffing? Reduce safety risks?

Each purpose may justify a different level of monitoring. Tracking activity on company systems for cybersecurity reasons differs from using AI to rank employees based on communication style or engagement scores.

The most effective approach is to collect only what supports your defined business need. This keeps data focused, reduces storage and compliance burdens, and builds employee confidence.

Define the business need first, then choose the narrowest monitoring method that supports it.

What Privacy and Employment Laws Apply?

Workplace monitoring rules vary by jurisdiction and data type. Some states require notice before monitoring electronic communications. Biometric data, location tracking, call recording, health-related information, and off-duty activity have specific requirements.

When AI influences employment decisions such as hiring, promotion, discipline, compensation, scheduling, or termination, companies should confirm the tool supports fairness, consistency, and explainability.

AI monitoring tools may also collect customer calls, visitor images, vendor communications, or confidential business information. Review your privacy notices, customer terms, employee handbook, vendor contracts, and data retention policies to confirm alignment with what the tool actually does.

Review Vendor Contracts for Data Use, IP, and Security

Vendor contracts matter here. Before using an AI monitoring tool, understand what data the vendor collects, where it is stored, whether it is used to train models, who can access it, how long it is retained, and what happens when the contract ends.

Review ownership and use rights carefully. Monitoring data, call transcripts, performance analytics, training materials, and internal workflows may reveal confidential business methods or trade secrets. Ensure the vendor’s rights are appropriately limited.

Prioritize security obligations, audit rights, breach notice, indemnity, subcontractor controls, and deletion rights. These terms determine whether the tool is appropriate for workplace use.

How Does AI Monitoring Build Workplace Trust?

Transparency builds trust. When employees understand monitoring, they engage with it constructively.

Employees should understand what is being monitored, when monitoring occurs, what data is collected, how it will be used, and whether AI-generated conclusions will affect employment decisions.

Managers need training too. AI-generated scores inform decisions best when combined with context. A productivity dashboard works better when managers understand offline work. A tone analysis tool performs best when users account for accent, language style, cultural differences, or context. A compliance flag often reveals a training opportunity.

Human review strengthens outcomes when AI output affects someone’s job.

AI Monitoring Checklist: Steps Before Rollout

  • Identify the specific business purpose.

  • Map the data collected.

  • Confirm what laws may apply in the states where employees work.

  • Review the vendor contract.

  • Update employee notices and policies.

  • Decide who can access the data.

  • Set retention limits.

  • Test for bias and accuracy.

  • Create an appeal or review process for significant employment decisions.

This can be straightforward. Keep it intentional, documented, and understandable.


AI monitoring can help businesses operate more efficiently and responsibly when adopted with intention. The best programs are purpose-driven, transparent, limited, secure, and subject to human judgment. Thoughtful implementation supports better operations and stronger workplace relationships.

— Will & AiME

Three Takeaways:

  1. AI monitoring works best when it begins with a clear business purpose.

  2. Vendor contracts should address data use, retention, model training, confidentiality, security, and deletion.

  3. Employees benefit from clear notice, and AI-generated conclusions work best with human judgment in important employment decisions.


Will Schultz & AiME

Will Schultz is an intellectual property and technology attorney and chair of Merchant & Gould’s Internet, Cybersecurity, and E-Commerce practice. He advises businesses on AI, online platforms, digital assets, and emerging technology law, drawing on experience as both a lawyer and entrepreneur.

https://www.merchantgould.com/people/william-d-schultz/
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