expectation of privacy

On June 17, 2010, in Ontario v. Quon, the United States Supreme Court decided that the City of Ontario, California could review the non-work-related text messages to and from a City police officer on a City-issued electronic pager. Although the opinion involved a governmental employer and was largely grounded in a 4th Amendment analysis, private employers can take some comfort from Supreme Court’s express holding that the review of the officer’s personal text messages on the employer-issued pager could be “regarded as reasonable and normal in the private-employer context.”
Continue Reading Quon May Hold Meaning For Private Employers Seeking Access to Private Communications

A recent New Jersey Supreme Court decision, Stengart v. Loving Care Agency Inc., et al., calls into doubt the enforceability of employer policies prohibiting employees from using the employer’s computers for personal use, and effectively holds that an employee’s communications with personal counsel concerning matters adverse to the company may occur during work time using the employer’s resources.
Continue Reading NJ Supreme Court Restricts An Employer’s Ability To Review An Employee’s Communications With A Personal Attorney On The Employer’s Computers