Ask The Attorney






Employment

Thomas McInerney


Thomas McInerney

Thelen, Reid & Priest, LLP

San Francisco, CA

415 / 369-7207

tmmcinerney@ thelenreid.com

thelenreid.com



Question Can our company monitor employees' e-mail?

Question 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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Advice provided herein is presented as general information about recent legal developments. Information is edited to space and should not be construed as specific legal advice or opinion.





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