Legal Question in Business Law in California

What law states that a company can monitor an employees email or internet browsing?


Asked on 11/28/12, 7:51 am

4 Answers from Attorneys

Seth Wiener Law Offices of Seth W. Wiener

The law in California is clear that employers can limit or even completely prohibit personal and Internet use on company computers. See TBG Ins. Servs. Corp. v Superior Court (2002) 96 CA4th 443, 452, 117 CR2d 155.

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Answered on 11/28/12, 8:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are two legal principles involved, both primarily based on long traditions of prior court decisions rather than statutes. One is that the employee should not engage in personal pursuits during the hours the employer is paying the employee to do the employer's work. To do so is cheating. Most employers allow a limited amount of goofing off during work hours, but they don't have to, and there are limits to what even the most tolerant employer will permit. The other principle is that the computers and communications systems involved usually belong to the employer, at least in part, and are not provided for employees to do non-work-related email or surfing activity.

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Answered on 11/28/12, 9:36 am
Terry A. Nelson Nelson & Lawless

No law necessary. The company phones, computer systems and other communications are company property, not the employees'. You have NO expectation of privacy when using them. In fact, is generally against company rules, and you can be fired for misconduct for use of company property or company time to conduct personal business. Many companies ban personal phone calls and email. The company pays you to 'work' full time.

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Answered on 11/28/12, 11:53 am

The previous answers are correct. We don't live in a country where if something is not permitted by law it is prohibited. We live in a country where if it is not prohibited it is permitted. There is no law prohibiting it, and as others have said the equipment belongs to the employer - they can do with it what they want.

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Answered on 11/28/12, 1:52 pm


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