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What About Reading Personal Mail Left On An Office Computer?
Companies have a bona fide interest in reviewing a terminated employee’s emails. You may want to determine if the employee was disclosing information to competitors, or soliciting other employees, and so on. You may also need to reconstruct what the employee had accomplished in respect to his or her job responsibilities so that you can determine whether any damage control is required.
Most courts – again, jurisdictions do differ, so check with counsel – allow companies to review employee email on an email system supplied by the company. It helps a great deal if, through appropriate policy and procedure materials, the company has notified its employees that it may choose to exercise this right. This will effectively thwart an employee’s argument that his or her privacy was invaded; the company can argue that the employee was told in advance to expect no privacy.
But what about personal, non-business email? There are many cases, often labeled as “invasion of privacy” claims, that say that an employer can be liable for reading, copying or publicizing employee email (or other communications, for that matter) that are obviously personal. And there are other complications if the email relates to medical or related issues.
Where do you draw the line? Understanding that there is a line to be drawn is the first and most important part of this battle. Beyond that, there is no hard and fast rule. There has to be a bona fide business reason for an employer to read what would appear to be purely personal emails, and if there is not, stay away from them. Otherwise, consult counsel to determine if the risks will outweigh the benefits.
Caveat: Remember that you have the right to prohibit employees from using your email system for personal purposes. This won’t give you the right to read personal emails sent or received in violation of this policy, but it may limit the frequency of the instances in which you have to deal with this issue.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
