Employees Monitoring Of Email Can Involve Invasion Of Privacy Claims

State law actions exist for violating privacy rights. Although each state has taken different approaches to their interpretation and development of privacy violations, there definitely is liability that can attach for these invasions of privacy torts. The right of employers to monitor their employees’ mail has potentially constituted a claim arising under the privacy torts. However, even though many companies have electronically monitored their employees' Internet and e-mail usage, they potentially can face lawsuits by their employees involving invasion of privacy.

The following questions have been addressed in this article:

Can there be a reasonable expectation of privacy based on the fact that there is a password necessary to access electronic communications?
Should an employer inform its employees that they may monitor electronic messages to ensure that they will be not liable for such litigation?


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