Legal Question in Employment Law in Washington
former employer question
Although corporate emails belong to the business, is it legal for a business to access a former employee's email 6 months after they are gone, retrieve new emails sent to former employee by mistake and then respond back with quotes as if it was coming from me and from my former email address.
1 Answer from Attorneys
Re: former employer question
Your privacy is not always protected via work e-mail; however, the actions taken by the business in representing you when you are gone may be illegal for the following reasons:
1) your expectation is that your e-mail account would be discontinued upon your termination
2) you would not have expected your identity to be compromised while you worked at that business, and you expect the integrity of your business reputation to be uncompromised
3) your business reputation is being compromised by a fraudulent assumption of your identity
4) statements alleged to be made by you but made by another could even constitute libel
There may also be a new statute on the books (in WA or in US law) which I have not learned of, which may protect employees in your situation. Whether or not such a statute exists, you have tortious causes of action. Even if the fraud was initiated by a present employee of the business, the business may be liable in not shutting down your e-mail and allowing others to access your account.