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Article Index » human resources » electronic communications » Email
Report Link An Employer’s Right to Monitor E-Mail and Text Messages Remains Strong.
Fredrikson & Byron, P.A. - July 02, 2008
Employers continue to have the right to access, monitor, and review an employee’s use of e-mail and text messages when that employee is using company-provided technology. Yet, recent publicity of a Ninth Circuit Court of Appeals’ decision has created a new buzz about the privacy rights of employees. This new decision, however, does not create an exception to the generally accepted rule: employees do not have an expectation of privacy in the communications that they send with company-provided technology. To the contrary, it outlines the importance of consistent and appropriate enforcement of electronic use policies.
Report Link readN yr wrkr b's txt msgs may gt u N2 ht H20 (Reading Your Employees' Text Messages May Get You Into Hot Water).
Hogan & Hartson LLP - June 24, 2008
On June 18, 2008, the Ninth Circuit Court of Appeals held that employees have a reasonable expectation of privacy in the content of text messages they send using equipment and service provided by their employer in Quon v. Arch Wireless Operating Co., Inc. This case highlights the importance of encompassing new communication channels like text-messaging in well-written employer policies on electronic communications.
Report Link Waiver of Privilege By Employees' Use of Company Email Systems To Communicate With Their Attorneys (pdf).
Hughes Hubbard & Reed LLP - March 14, 2008
Employers now can use workplace policies governing the use of technology to defeat employees’ claims that email communications with their attorneys over the company’s computer systems are privileged, according to a recent ruling by the New York County Supreme Court in Scott v. Beth Israel Med. Ctr., Inc. In Scott, a hospital employee used his work email account to communicate with his personal attorneys. When he later sued Beth Israel for breach of contract, the hospital’s attorneys found the communications on the hospital’s computer systems. The court denied the employee’s motion for a protective order, and ruled that the employee waived the attorney-client and work product privileges by using his work email account to communicate with his attorneys.
Report Link Email Notice to Employees of Significant Policy Changes Is Not Sufficient, Says Federal Court.
Jackson Lewis LLP - April 28, 2005
A recent decision of the U. S. District Court for the District of Massachusetts should give employers pause to consider what the effective means of communicating important information to employees are.
Report Link More Than Just E-Mail: Managing the Workplace Without Walls.
Thelen Reid & Priest LLP - February 28, 2003
Because the information superhighway has knocked down the physical walls that once reliably protected confidential, proprietary and trade secret information, employers doing business today need much more than a policy prohibiting scandalous e-mail - they need a comprehensive "information policy."

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