Often employer policies in this area are not very well developed and employees are not aware that they have violated any rule. And since most employees are "at will" -- meaning they can be fired for any reason not protected by statute -- these minor violations can be an easy excuse for an employer to get rid of an employee for reasons that aren't easily justified.

Do you feel there is a catch-22 because employers want employees to be available 24-7 and equip them with corporate equipment/software? The traditional 9-to-5 static workplace doesn't exist anymore. Employees are more mobile than they have ever been before. A majority of today's workforce spends at least some time working outside the office with some regularity.

Employees are working longer hours than ever before, they are working from home, on weekends and even on vacations when they are emboldened enough to take them. Many are accessible by mobile devices at virtually any time during the day and night. The lines between home and work have been rapidly dissolving for some time.

The efficiencies and increased productivity that have resulted from this sea change have been entirely directed by employers for their benefit. While they are the driving force behind these fundamental 21st century workplace changes, their conception of workplace monitoring is rooted in 20th century ideas that have little relation to the realities of the present workplace. An employee who is working in far excess of 40 hours a week and is constantly accessible remotely should be able to e-mail their child's pediatrician or engage in other necessary communications when they are in the office without fear of highly private content being made available to their employer.