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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15852
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I live in NJ and had an affair at work. The company is now

Resolved Question:

I live in NJ and had an affair at work. The company is now doing an investigation and have read all of my e-mails. My husband claims they are giving him copies of the emails. Is it legal for them to do that?
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW : Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification
WALLSTREETLAW : This is an unfortunate situation,
WALLSTREETLAW : if the emails were from a corporate account, and not from your personal account, it would be considered company property, and the employer is allowed to give your husband the email, however if the other employee involved has not faced the same issues,
WALLSTREETLAW : you may have a gender discrimination case against the employer.
Customer: He is under investigation as well. So there is no privacy protection for me for them to not give them to my husband?
WALLSTREETLAW : If an electronic mail (e-mail) system is used at a company, the employer owns it and is allowed to review its contents. Messages sent within the company as well as those that are sent from your terminal to another company or from another company to you can be subject to monitoring by your employer. This includes web-based email accounts such as Yahoo and Hotmail as well as instant messages
WALLSTREETLAW : Since the emails are the property of the employer, a legal case would be difficult, however you may consider a lawsuit for intentional emotional distress, and harassment due to there actions,
WALLSTREETLAW : But the case would be difficult, and expensive,
WALLSTREETLAW : Your best bet is a gender discrimination argument, or a privacy argument if the emails were from a computer not used at work.
Customer: No they were from my work computer. I just didn't want my husband reading them as I am trying to save my marriage. I was hoping there would be some law that would keep them from being able to give them to him.
WALLSTREETLAW : No, the actions are clearly unprofessional and unwarranted,
WALLSTREETLAW : however not against the law,
WALLSTREETLAW : I would consider having a local attorney submit a letter to HR stating that such actions have caused you severe emotional distress, and that you will consider all legal options,
WALLSTREETLAW : The employer should stop and try to work out a settlement with you.
Customer: They have not given him the emails as of yet. He is just telling me they are. He very well may be lying to me about getting them to try and get me to tell him more information.
WALLSTREETLAW : I do not think they would,
WALLSTREETLAW : but send them a letter advising them that you will consider legal action if they do, I cannot imagine an employer taking such a step,
Customer: OK, just so I understand. Your opinion is that it is not illegal but you do not believe an employer would hand over e-mails to my husband.
WALLSTREETLAW : Yes, an employer would not get involved in such a way.
Customer: Ok, thank you.
WALLSTREETLAW : good luck, and if you have any further questions please do not hesitate to ask.
WALLSTREETLAW : If satisfied with our service please provide us with positive feedback, do make sure you speak to the employer about this issue, as they should reassure you this will be an internal matter.
Customer: Thanks, XXXXX XXXXX
WALLSTREETLAW : good luck
Customer: Thanks, XXXXX XXXXX I will need it.
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15852
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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