Recent Court Rulings on Employer Review of Employees’ Electronic Messages – Adjustment to Employer Policies Needed

Two recent cases, one from the U.S. Supreme Court and one from the Supreme Court of New Jersey, suggest that companies need to periodically, if not immediately, update their computer and e-mail policies in order to minimize or prevent litigation when employees use the company’s systems for personal messages. Incidental personal use is commonplace, despite the fact that most companies have policies that limit employees’ use of the company’s communication systems and state clearly that the company may monitor or access employee use of these systems. Implications of these court rulings for employer policies and practices are listed at the end of this Alert.

Please click here to read more.