Let’s be honest. Most of us have, from time to time, used our employers’ computers to send personal emails. If you’re an employer I am sure you think you are covered by giving your employee that letter to sign stating that the email system is to be for “business use” and that you (the employer) reserve the right to review and retain all incoming and outgoing mail sent from that computer….. hmmmm think again. You may have to re-write that policy.
The New Jersey Court found in Stengart v. Loving Care Agency, Inc ., 201 N.J. 300 (March 31, 2010) that “employees may have a reasonable expectation of privacy when using employer-issued computers for sending electronic mail (e-mail) even if the e-mail is sent through a personal, password-protected, web-based e-mail account.”
The end of the article mentions a few things that you, as an employer, should consider relating to your email policy.