In a decision entered on June 18, 2008, the United States Court of Appeals for the Ninth Circuit made important findings concerning the right of employers to obtain and read employees’ text messages sent over employer-provided services. This Legal Update discusses the decision in detail
and recommends that employers review their workplace surveillance practices to ensure their continuing compliance with state and federal law.
The Ninth Circuit’s Decision
The decision in Quon et al. v. Arch Wireless et al. has its origins in an internal affairs investigation into text messages sent by members of the City of Ontario, California, Police Department.[1]
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