E-mail and Internet Privacy at Work

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NO PRIVACY

In a nutshell, assume that you have no e-mail or internet privacy while at work.  Most employers have an "Electronic Media Policy" which gives the employer the right to monitor their employees' email and internet usage.  These Electronic Media Polices often permit employers to monitor email, including personal email (gmail or hotmail etc.) and internet surfing in real time.  Do you really want your employer to know your weekend plans or how your birthday party went?  Even if your employer does not have the written policy per se, most Courts seem to hold that an employee who uses an employer provided computer or other electronic media device does not have the same "expectation of privacy" that we as American citizens have in our personal lives. 



WHY DOES IT MATTER

The issue with electronic media really matters for two reasons.  The first reason I alluded to above, we as employees really don't want our employers looking into our personal lives uninvited.  No real good comes of it and it can lead to problems.  The second reason is more concrete and has to do with the employee who makes a claim or complaint against their employer.  The employer's electronic media policies often allow an employer to go back once they have been sued by an employee and look at the employees old emails and web surfing to find evidence to use against the employee. This can include emails from the employee to their attorney or other communications that the employee might otherwise be able to keep private.  Sometimes employers can find evidence of employee activities that had the employer known about at the time they occurred, could have been used to fire the employee.  This type of "after acquired evidence" is admissible in lawsuits and can severely limit the damages a wrongfully treated employee can receive from their employer. 

The law in this area is developing.  At some point it may swing back to be more protective of employee privacy.  However, for the time being, it is better to not conduct your personal life on company electronic devices, and certainly do not communicate with your attorney on company email.  For more information and a free consultation please call Gienapp Law, APC at 619-234-3054.