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Can our company monitor employees' e-mail?
Yes, but this area of the law is unsettled. Federal law restricts access to electronic communications, but excepts a system provider, which can include employers. To diminish exposure to state court invasion of privacy lawsuits, employers should publish written policies announcing guidelines against non-business use of e-mail and warning that e-mail may be monitored. Employers should also limit their access to e-mail for essential administrative purposes, e.g., when there is a reasonable suspicion of work-related misconduct. Some states, including California, have considered adopting laws regulating e-mail monitoring.
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