Can employees sue for invasion of privacy? The general rule is that if an employer has a clearly written e-mail policy that says the employee has no expectation of privacy, the employer will probably be safe. |
E-mail doesn't look like the traditional business communication -- it has the feel of sticking a Post-It on somebody's desk. E-mail can be sent without a lot of reflection. Most employees don't really think of the fact that when you send an e-mail there will be a copy on your computer, the network backup tape, etc. It's frequently harder to get rid of an e-mail than a written document. |
Employees need to understand that when they are using e-mail they are a de facto [representative] for the company. |
Employers must have the ability to review everything on their computer systems to make sure that there's no illegal activity being conducted. If someone conducts criminal activity using an e-mail system, unknown to the company, the company's e-mail system can be subject to seizure. Or an employer may be sued in a breach of contract case. As part of that they're going to have to go through a lot of employee e-mail. |
I've had major companies tell me they're more concerned about this issue than they are about [all the other] issues combined. |
It's so easy to send information with e-mail. |
There is very little law regarding e-mail right now. The law that exists is state-based, which means that [laws in] each state vary, and even the courts within a particular state may have different ways of handling this issue. |