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Report Link Employee Communications with Attorney through Personal E-mail Account from Work are Privileged.Jackson Lewis LLP - July 08, 2009 E-mail messages exchanged between an employee and her attorney through the employee’s personal e-mail account are protected by the attorney-client privilege, despite being sent through her employer’s computer and internet server, a New Jersey appeals court has ruled. Stengart v. Loving Care Agency, Inc. et al., No. A-3506-08T1 (June 26, 2009). Reversing the trial court, the Appellate Division of the Superior Court of New Jersey held that the company’s electronic communications policy did not transform the employee’s private e-mails with her attorney into the company’s property. Report Link Employer's Electronic Communications Policy Did Not Allow Company to Review Employee's E-mail Exchange with Her Attorney.Littler Mendelson, P.C. - July 08, 2009 In a case of potentially great significance to all employers with electronic communications policies, the New Jersey Appellate Division recently held in Stengart v. Loving Care Agency, Inc. (No. A-3506-08T1, June 26, 2009), that an employer was not entitled to read e-mails exchanged between an employee and her attorneys through her Yahoo! account, even though the emails were stored on the employee's company-issued laptop. The court relied principally on confusion over whether the employee had received the employer's computer use policy and on ambiguities in the policy. However, the court went on to hold that even if the policy had satisfied all of the court's concerns, the policy still would not have justified the employer's action. The court went even further to suggest that, in most circumstances, employers cannot rely upon an electronic resources policy to justify reviewing the content of employees' personal e-mail stored on the employer's electronic resources.
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ArticlesFound: 2 ArticlesNO SUBTOPICSEmployment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayWebinar: Changes to the ADA - Are Your Accomodations Reasonable?Webinar
December 3, 2009 ElarbeeLandmines, Trends and ToolsCharlotte
December 3, 2009 LittlerEnd of Year EthicsColumbus
December 3, 2009 LittlerClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & Harrison |
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