Legal Question in Criminal Law in New York

Can a Secretary Open His/Her Employer's Private and Confidential Mail?

A colleague/friend of mine teaches at a university in another state and always asks that I mark all correspondence ''private and confidential'' when I send mail to him at the university.

We have both noticed that several times over the past year, my letters and packages never reached him. We are both suspicious that his mail is being tampered with or stolen.

The only person in his university office authorized to open his mail is his personal assistant, but that person is *not* authorized to open any mail marked ''personal'' or ''private and confidential.'' He has instructed his assistant to deliver that mail directly to him unopened.

Since this has happened on several occasions, we are growing suspicious that his secretary may be prying into his business and personal matters and obstructing delivery of his mail.

What should we do? Should I file a police report with the police in my state, or in his state? And how do we prove this case with postal inspectors? What kind of evidence trail will we need to present?

Lastly, because this mail went to his place of employment (the university), is the university itself in any way liable since his assistant is an employee there?

Thank you for your help!


Asked on 1/10/09, 4:44 am

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Can a Secretary Open His/Her Employer's Private and Confidential Mail?

No I don't see a provable case. I would suggest you send the letters elsewhere. If there is any contraband in the mail, you should stop.

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Answered on 1/10/09, 7:46 am


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