Archive for the ‘Employee E-Mails’ Category
More and more these days, employers are proving employees with policies pertaining to use of e-mail, internet and social media at work. Take a look at these documents, read them and make sure you understand them. Especially if you plan to sue your employer at some time in the future. Case in point, Gina Holmes.
Ms Holmes is a woman who sued her employer claiming discrimination. It was ruled recently that she can’t shield her lawyer e-mails in the litigation because they were sent from her work e-mail account, a California appeals court has ruled.
Gina Holmes had claimed the e-mail was protected by the attorney-client privilege.
The Sacramento-based appeals court said the e-mail was not a protected confidential communication because Holmes’ employer, the Petrovich Development Co., had warned that employee e-mails were not confidential and were subject to monitoring.
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Stengart v. Loving Care
NJ Decision on Monitoring of Employee Email
Contributor: Doug Cornelius
SUMMARY: The New Jersey Supreme Court has ruled on the appeal and found that the employee
“could reasonably expect that e-mail communications with her lawyer through her personal, password-protected, web-based e-mail account would remain private, and that sending and receiving them using a company laptop did not eliminate the attorney-client privilege that protected them.”
The court’s decision focused on two areas: the adequacy of the company’s notice in its computer use policy and the importance of attorney-client privilege.
The court was not swayed by the company’s arguments about its computer use policy. The company took the position that its employees have no expectation of privacy in their use of company computers based on its Policy. The court found that the policy did not address personal email accounts at all and therefore had no express notice that the accounts would be subject to monitoring. Also, the policy did not warn employees that the contents of the emails could be stored on a hard drive and retrieved by the company.
The bigger problem was that the communications between attorneys and their client are held to a higher standard. They were not “illegal or inappropriate material” stored on the company’s equipment that could harm the company. The e-mails warned the reader directly that the e-mails are personal, confidential, and may be attorney-client communications.
In my opinion, the nature and content of these emails made this an easy decision for the court.
The decision does not mean that a company cannot monitor or regulate the use of workplace computers.
* A policy should be clear that employees have no expectation of privacy in their use of company computers.
* A policy needs to explicitly not address the use of personal, web-based e-mail accounts accessed # through company equipment.
* A policy should warn employees that the contents of e-mails sent via personal accounts can be forensically retrieved and read by the the company.
So this case appears to be limited to an employees personal e-mails on a company computer. What do you all think about whether an employee has a right to privacy in their e-mails on their employer’s computer?