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I read an article last week where they claimed that almost 40% or employers have staff read or monitor or read employee email. That seems crazy. But in another of your posts you said that employers can do that. Is that really the law and is anyone challenging that law?

Employee emails read by employer

Well, it's not a law, per se, but a body of case law, mostly from other states.  I also said in that other posts regarding employers monitoring emails of employees that this is an evolving area of the law. Over the last year or so, while continuing to recognize that employers may have legitimate reasons for monitoring employee emails, such as preservation of trade secrets, courts have begun to pay more attention to privacy rights of employees.  Recent cases from other states seem to hold that an employee may have a reasonable expectation of privacy unless the employer explicitly notified them that their emails may be read and monitored. 

Nevertheless, my position on this issue is the same as it was when I wrote my last thread about this issue:  You should assume your employer is monitoring your emails.  Use your cell phone for non-work related communication. 

 

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