Employees Maintain Expectation of Privacy For Emails Sent On Employer Computers Through Personal Email Accounts.
The New Jersey Supreme Court issued a favorable ruling to a woman whose employer had read an e-mail that was sent on a company computer between her and her lawyer.
Prior to leaving her employment with the Loving Care Agency and filing a discrimination lawsuit through her employment lawyers, Marina Stengart exchanged e-mail communications with her lawyer. She utilized her personal email account. Her employer obtained the e-mails and used them in the preparation of their defense to her discrimination lawsuit. The trial court had ruled that the former employee waived the attorney-client privilege by sending the e-mails on a company computer. The New Jersey Appellate Division reversed the decision, ruling that Loving Care's employment attorneys had violated privacy laws.
The New Jersey Supreme Court ruled that Stengart could have reasonably expected the e-mails would remain private.
