Legal Question in Employment Law in New York
My executive level husband receives emails from friends/relatives to his work email address that can be racy and include nudity. He laughs it off, but, I find it troublesome. He does not forward it on, but, can he still get in trouble for having received it? I think he should tell his friends not to send that type of material, he thinks I'm over reacting. Am I?
2 Answers from Attorneys
If he is a witness or accused of workplace discrimination his e-mail would be subject to discovery and perhaps embarrassment. A plaintiff may used such evidence to show motivation of permissiveness of workplace sexual harassment.
I agree with the previous e-mail.
Also, all e-mails are company property, including those racy e-mails. As a result, his bosses and others who sue the company (for any reason) will have access to these documents. As a result it may have an adverse influence for the future.
Also licensed and practicing in New York.
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