Compensation Solutions Blog » Electronic Communications Policy http://blog.csihro.com Human Resources Outsourcing (HRO - PEO - ASO - Payroll - Agency) Thu, 17 May 2012 18:05:58 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Electronic Communication Policy Causes Problems for Employer http://blog.csihro.com/index.php/2010/03/08/electronic-communication-policy-causes-problems-for-employer/ http://blog.csihro.com/index.php/2010/03/08/electronic-communication-policy-causes-problems-for-employer/#comments Mon, 08 Mar 2010 22:33:01 +0000 Teresa DeSousa http://blog.csihro.com/?p=272 The New Jersey Appellate Court recently ruled against a company who attempted to use personal emails the plaintiff employee sent on the company computers in the employment discrimination suit she filed against the company.  The plaintiff sued the defendant company for employment discrimination about a month after leaving their employ.  While still employed there, she sent emails to her attorneys using her personal email account, but on company computers.  When she found out the company had accessed her emails she filed a temporary restraining order (TRO) requiring the company to turn over all personal communications and to prevent the company from using the emails in the pending litigation.  The Appellate Court overturned the TRO on the basis of the company’s electronic communications policy.  Specifically, they held that a policy that permits an employer to review the content of their employees’ personal emails for no particular business reason is not likely to be enforceable.

This is a good example of why policies and procedures must be drafted carefully and clearly, and address legitimate business concerns, in order to be effective and enforceable when tested.

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