Legal Question in Civil Rights Law in Indiana

Computer Privacy at Work

I am not certain what aspect of Law this question falls under.

I am an Indpendent Contractor in Indiana. Everyone at my business is given a personal email account and access code for the Internet and related softward.

Does the employer (business) have to tell us if the email, documents, etc. are not secure or private?

I recently found out that none of our passcodes are confidential; in fact many of us have the same passcode. I am certain that the employer reads our emails.

What is legal and what is not?

Thanks


Asked on 6/02/08, 12:13 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Computer Privacy at Work

When using your employer's equipment on his time, you have no expectation of privacy in your emails or anything else, such as being recorded or on camera.

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Answered on 6/02/08, 12:23 pm
Phil Gibbons Gibbons Jones, P.C.

Re: Computer Privacy at Work

I agree with the above response. Nonetheless, it is my experience that employers in Indiana often incorrectly classify employees as independent contractors. This occurs for various reasons, ranging from pure ignorance to the intent to avoid paying overtime, taxes, etc. One of the indicia of employee status is the use of the employer's equipment--i.e. computers, phones, desks, etc. To the extent you and your coworkers work overtime and are not paid for it on the ground that you are not employees, it may be worth speaking with an employment attorney.

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Answered on 6/02/08, 3:13 pm


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