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State Employment Law Articles
Article Index » new jersey » privacy rights » Duty To Investigate
Report Link New Jersey Court Holds Employer Responsible to Third Party for Harm Caused by Employee's Internet Use.
Jackson Lewis LLP - January 25, 2006
A New Jersey appeals court has ruled an employer may be liable for harm to third persons as a result of an employee's activities on a company-issued computer. Although employers typically are not responsible for the activities of employees outside the scope of their employment, in Doe v. XYC Corporation, the court found the employer had a duty to report the employee's Internet activities involving child pornography to the proper authorities and to take effective internal action to stop them. [N.J. Super. Ct. App. Div., No. A-2909-04T2 (December 27, 2005).]
Report Link Employers Have Duty To Investigate Worker's Online Pornography Viewing (pdf).
Ogletree Deakins - January 10, 2006
In a decision that imposes broad obligations on employers, the New Jersey Appellate Division ruled last week that a company could be held liable for damages suffered by a victim of child pornography where it failed to investigate reports that an employee was viewing child pornography online while at work. The court held that an "employer who is on notice that one of its employees is using a workplace computer to access pornography, possibly child pornography, has a duty to investigate the employee's activities and to take prompt and effective action to stop the unauthorized activity." Finding that employees do not have privacy interests that would prohibit inspection of their workplace computers, the court held that an employer that fails to investigate information that an employee is viewing child pornography on the Internet while at work may be liable to a person subsequently victimized by the employee.

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