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Editor Bio
Gregg Mayer is a journalist and lawyer with a keen interest in the rapidly evolving world of e-Discovery. Gregg has published numerous articles, including writing for law journals and the American Bar Association. Gregg served as editor-in-chief of the Mississippi Law Journal. Before practicing law, Gregg worked as a newspaper reporter for six years.
Employer’s Use Of Employee Email
Posted by Gregg Mayer on Tuesday, February 26th, 2008
Employees sending email over an employer-owned computer would likely know that the employer could read that email – and possibly use it in litigation against that employee. But what if the employee had sent an email to his own attorney and it was meant to be confidential? Or what if the employee did not know the company had an email policy, or the company did not enforce a policy?
A recent article in law.com explores the question of who owns email. This terrific analysis highlights case law and identifies steps an employer may take in drafting and implementing an email policy. Specifically, the article considers whether an employee may waive attorney-client confidentiality when using a work computer to send email messages. The article explains:
In determining the parties’ respective rights to communications sent from work, the few courts to consider the issue have generally employed a balancing test, which primarily considers the following factors: (1) Does the employer have an e-mail policy? (2) How are employees made aware of the policy? (3) Is the policy uniformly applied? (4) What precautions, if any, did the employee take to protect the confidentiality of the communication?
Read the full article here.
Posted in: Electronically Stored Information
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