Kolman Ely P.C.
Employment
Law News:
Copyright KEPC 2011
Kolman Ely P.C.
Since 1991
The Employer’s Right To Review Your Electronic Messages
If you have a cell phone, Blackberry or computer that has been given to you or loaned to you by your employer, you need to be careful with regard to text messages and emails you use on that device. There is no black line rule as to whether your privacy rights are invaded if the employer decides to take the Blackberry, cell phone or computer from you and then analyzes it to determine how you’ve used it. The Court will weigh your reasonable expectation to privacy. If it is understood that you would use your computer for your personal email and you’ve set up a personal email account, as opposed to a work email account and it is password protected then, under those circumstances, you are likely to have some protection because the employer knew you had an expectation of privacy. However, if the employee handbook or some agreement you have signed with your employer indicates that you are not to use the company laptop, Blackberry or cell phone except for work then, under those circumstances there is every possibility that you are not protected from the employer finding out – and using against you – the people you have called or contacted. At the end of the day, your protection and your privacy is a consequence of your employer’s policy and your reasonable understanding of the privacy afforded you. As always, if in doubt give us a call. 