Legal Question in Business Law in California

email

Can employers use employees personal email against them in court. Emails done on employers computer. Are emails on compnay computer protected by civil liberties


Asked on 3/25/02, 7:32 am

3 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: email

Generally, courts will allow email evidence when the computer belongs to the employer. Sometimes, the employer may even get to see email from the employee's home computer.

The question about civil liberties raises a trickier issue. I believe that the freedom of speech is more likely to apply than any privacy concerns outside the Fourth Amendment. I think people pretty much see the use of email as waiving the right to privacy, unless the sender has used encryption.

If you have concerns about the intersection of employment law and the law surrounding the Internet, call the firm with experience in both: Pierce & Shearer.

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Answered on 3/25/02, 9:26 am
Timothy J. Walton Internet Attorney

Re: email

Generally, courts will allow email evidence when the computer belongs to the employer. Sometimes, the employer may even get to see email from the employee's home computer.

The question about civil liberties raises a trickier issue. I believe that the freedom of speech is more likely to apply than any privacy concerns outside the Fourth Amendment. I think people pretty much see the use of email as waiving the right to privacy, unless the sender has used encryption.

If you have concerns about the intersection of employment law and the law surrounding the Internet, call the firm with experience in both: Pierce & Shearer LLP.

Read more
Answered on 3/25/02, 9:27 am
Joel Selik www.SelikLaw.com

Re: email

Yes, you can most likely use e-mail on your own computers.

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Answered on 3/25/02, 11:16 am


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