Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Although we can tell you what we believe the result would be if this were litigated, only the court having jurisdiction over the issue, assuming suit is filed, could make the ultimate conclusion, after receiving all of the evidence from all parties involved. However, based solely on the information that you have provided, the employer should be able to use the information in the email for purposes of supporting an allegation of violation of a non-compete agreement since the information was sent to the employer's email (doesn't matter if the employee's name is ***** ***** email account as long as it is a employer owned and control account).
Even if the court would not allow the use by way of what the employer has seen themselves from this email, the employer's attorney could obtain the same information through discovery and deposition if there is a suit filed for violation of a non-compete. So, either way, the employer would ultimately be able to present this information to the court (either directly through their discovery or through the discovery process via suit by their attorney).
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I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 29th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.
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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/