Legal Question in Technology Law in California

Unauthorized email access

Fourteen weeks ago I found out that it was highly probable that a coworker had broken into my work email and had been accessing my email account for the previous 5 months. I immediately reported the situation to our Compliance office and changed my passwords. Three weeks after I reported the situation to our Complaince office (a 3rd party company), an HR representative from my company called me to get more information. It is now 8 weeks after the HR call and I have heard nothing and the HR rep is not returning my calls. So I have three questions:

How can I put pressure on HR to finish the investigation?

Am I legally allowed to find out when the first break-in happened and how many times the coworker accessed my email (I would like to know what information of mine he had access to)?

Do I have any recourse against my coworker if it is true?


Asked on 10/14/08, 2:30 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Unauthorized email access

Check your company's policies and procedures manual.

Ask the HR department for the information.

Ultimately, your work-email is your employer's property... not yours.

Recourse against a co-worker might arise under state privacy laws... but it sounds more like a criminal matter, than a civil dispute.

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Answered on 10/20/08, 2:33 pm


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