Companies are increasingly targeting staff who use technology to fake productivity. But is such behaviour grounds for dismissal, or does it reflect deeper cultural issues within an organisation?
The Covid pandemic ushered in a wave of innovations in workplace technology designed to support remote work. While these tools aimed to boost productivity, they also facilitated the use of devices that deceive systems tracking employee activity.
One such device, the mouse jiggler, gained popularity during the pandemic. This desktop accessory keeps the mouse cursor moving even when the user is away from their desk.
However, the popularity of these devices may wane following reports that more than a dozen Wells Fargo employees were terminated for allegedly simulating computer activity during working hours.
According to disclosures filed with the Financial Industry Regulatory Authority, several employees in the bank’s wealth and investment management unit were “discharged after review of allegations involving simulation of keyboard activity creating the impression of active work.”
Details on how these employees were caught or whether they were working from home remain unclear, as Wells Fargo did not comment. This incident has heightened employer concerns about the productivity of remote workers, prompting a push, particularly in the financial services sector, to bring staff back to the office. While some firms are enforcing full-time office work, Wells Fargo continues to maintain a hybrid working model.
The need to monitor remote employees has led to a surge in the use of remote surveillance tools. Since 2021, there has been a marked increase in video monitoring, keystroke logging, and mouse tracking. A survey by Raconteur and Attest revealed that 80.3% of UK workers feel moderately or highly monitored by their employers.
In response, some employees have sought ways to avoid detection, using private browsers, secure messaging apps, and tools like mouse jigglers. These devices, often advertised as “undetectable” on Amazon, are popular and inexpensive.
Business Response to Productivity Fakery
While the use of these tools has largely gone unpunished, Wells Fargo’s actions could lead more companies to crack down on such deceptive practices.
Jo Mackie, partner and director of employment at Burlingtons Legal LLP, states that using these tools during work hours constitutes dishonesty and is grounds for dismissal. “Dishonesty breaches the implied duty of trust and confidence between employer and employee, and can justify dismissal on grounds of gross misconduct,” she asserts.
Trevor Bettany, employment partner at Charles Russell Speechlys, notes that dismissal decisions may not always be straightforward. He suggests that an employee using such a device might still be working hard, possibly thinking rather than typing, or working different hours. Bettany compares using mouse jigglers to placing tape over a monitoring camera, which doesn’t necessarily mean the employee isn’t working, but it allows the employer to infer potential misconduct.
Employees dismissed for such actions might claim unfair dismissal. Whether dismissal is a reasonable response from an employer is yet to be determined in an employment tribunal.
The Wells Fargo case, while not a precedent, highlights this as a potential issue, according to Gillian McAteer, director of employment law at Citation. She warns that many employers may be unaware of this practice, feeding fears about fake productivity.
McAteer advises that businesses wishing to increase surveillance should do so carefully. Employees should be informed about surveillance methods and understand that faking productivity is considered gross misconduct.
Indicators of Disengagement
Such measures could lead to greater distrust between employers and employees. Bar Huberman, HR strategy and practice manager at Brightmine, suggests that stringent surveillance often exists in organisations lacking trust and effective objective-setting.
Terez Rijkenberg, chief people officer at Socium10X, believes that using mouse jigglers likely points to deeper issues within an organisation. Employees feeling disengaged, burnt out, or facing unrealistic expectations are most likely to resort to faking productivity. Rijkenberg advises leaders to explore why employees feel compelled to use these tools and address the root causes.
Organisations focusing on presence over performance may find mouse jigglers effective for simulating productivity. Instead, companies should cultivate a culture where productivity is measured by outcomes and employees feel genuinely valued.
The Wells Fargo episode underscores growing concerns among business leaders about remote workers’ productivity. While companies may clamp down on deceptive practices, fostering employee engagement and addressing underlying issues may offer a more sustainable solution.