Navigating Work Calls Without Privacy

A BP executive's husband pleaded guilty to securities fraud for buying and selling stock of BP's merger target. He knew of the upcoming transaction because he and his wife worked from home approximately 20 feet from each other.

This is a good reminder for employers to take a fresh look at their WFH policies, including how to navigate the reality that some work calls inevitably will happen in public--including places such as an airport, a doctor's office, and, of course, at home. Rather than imposing a blanket restriction on participating in work calls when anyone might overhear, employers might consider discouraging such calls while also providing practical tips to employees on what to do when they simply can't take a call in private.

My favorite go-to tips are headphones and code words. I consider headphones a must for anyone working where others may overhear. I consider code words another “must." Transactional attorneys know that we abide by project names for our transactions that are designed to conceal the identities of buyers and targets. The same concept can easily be applied to confidential or sensitive work calls by changing any identifiable information. It's easy to shoot off a quick text or e-mail letting the person on the other end of the line know that you can't talk freely and providing a couple of code words you'll be using during the call. Although these measures might not guard against a family member who would go to the lengths of trading stock based on confidential information, these measures might help reduce the risk of info leaking in the vast majority of situations.