Legal Question in Business Law in California
Can employers use employees personal email against them in court. Emails done on employers computer. Are emails on compnay computer protected by civil liberties
3 Answers from Attorneys
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.
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.
Re: email
Yes, you can most likely use e-mail on your own computers.