TAKE ACTION NOW REGARDING YOUR EMPLOYEES’ PERSONAL EMAIL AND TEXT COMMUNICATIONS ON YOUR PROPERTY

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Are employers permitted to read employee email and text communications performed at the workplace? What if employees use personal email accounts? What about text messages using personal devices?

A RECENT NJ RULING IMPACTS EMAIL PRIVACY:

A recent New Jersey Supreme Court ruling provides an answer. In short, in New Jersey, absent a clear and specific policy, employers are banned from reading an employee's email exchange if the employee uses a personal email account (example – Yahoo, Gmail, Hotmail) even though the email is stored on a company computer.

In a ruling that focused on an employee’s email communication with the employee’s attorney, the Court ruled that the employee had a reasonable expectation of privacy in email communications with the lawyer on emails sent through the employee’s private email account (such as Yahoo, Gmail, Hotmail, etc.) utilizing the company computer, even though the emails were stored on a company issued computer.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Beth Lincow Cole | Attorney Advertising

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