Careful, Your Boss Is Reading Your Personal Emails

By Thomas McKinney

New Jersey employment attorneys agree that an employer has the right to read email of its employees that is sent or received on an email account owned by the employer.  But does the employer have the right to read an employee’s email on her personal, password-protected Yahoo email account just because she read it on a computer owned by the employer?  Right now, the answer is no.  In a case where the employer’s lawyers read the privileged communications between its employee and her lawyer, an appellate court in New Jersey ruled that such a practice is an invasion of privacy that serves no legitimate business purpose.  The Supreme Court of New Jersey is now considering the case and will provide the final decision on this issue in the next few months.  In the meantime, be careful and avoid sending or reading anything personal on a machine owned by the boss.

March 26, 2010 – Paul Castronovo – Castronovo & McKinney – New Jersey Discrimination Attorneys

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.