Quote:
Originally Posted by CurtEgerer
I'm hoping one of our attorney friends might be able to help me. If eMails with attachments are sent to employee Joe Blow via his employer's business eMail - i.e., joeblow@acmebuildingsupply.com - does Acme Building Supply now 'own' these eMails and attachments since they are permanently recorded on their eMail server?
Does the employer have the right to read the eMails and attachments, regardless of whether there might be disclaimer language stating that the eMails are confidential? |
What do you mean by "own?" The employer could open and read the e-mails without "owning" them.
Does the employer have the right to read the e-mails and attachment? The employee manual of most companies says "yes." That would be an enforceable policy/agreement.
If there is no written policy or agreement in place regarding e-mails, I'm not sure what the answer would be, but my guess would be that it is the company's email system, and they are entitled to read any e-mails that come into it.
At least part of the analysis would seem to be an "expectation of privacy" analysis, and I can't see many courts finding that an employee has an expectation that e-mails sent to him at his business e-mail address are private. Esp. since there likely is a company policy that company resources are to be used only for company business.