Legal Question in Employment Law in New Jersey

Wrongful Termination

I was employed at a company for 15 years. I had a personal package delived to work, with just my name on it. It contained legal adult movies. Someone open the package with my name only on it, and I was fired. Is this legal.


Asked on 9/24/07, 12:13 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Wrongful Termination

You may make a complaint to the U.S. Postal Inspector if you believe that someone inappropriately opened U.S. mail that was addressed personally to you.

As for your job, I think you're out of luck. New Jersey is an employment at will state which means that, absent a contract to the contrary, an employee may be fired for a good reason or for no reason at all. Only firings for legally recognized bad reasons are prohibited. It is reasonable to suppose that your employer considered the introduction of sexually suggestive materials into the workplace to be inappropriate behavior which warranted termination. An argument to the contrary has little to recommend it. An employer is not bound by the rules of evidence that affect law enforcement personnel. Even in the unlikely event that the package was opened improperly its contents can still be used as grounds for termination.

You probably gave up any claim that you might have had on privacy grounds by not having the package addressed "Personal" or "Confidential". Depending on company practice, you may have some privacy interests in not having the package opened by someone else. However, these days you cannot depend on such markings; many companies have the practice of opening all mail received for security and other legitimate business reasons. They would tell their employees to send personal mail elsewhere and that is entirely proper.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/24/07, 11:10 pm


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