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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102356
Experience:  Years of experience in running a medium sized law firm.
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Does an employer have the right to monitor emails without

Customer Question

Does an employer have the right to monitor emails without prior warning of it.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am afraid that the answer is yes. If the computer that the employee is using belongs to the employer, the employer can monitor its use, even if the employee is using a non-work email account. This has been held up in numerous court opinions in both state and federal court, stemming from the fact that if the employee is using the internet and equipment provided by the employer, the employer has every right to monitor its use.

There is no mandate that the employee be warned beforehand about the monitoring. The employer can choose to warn the employee, but this is at their discretion; there is no law that they have to do so.

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I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!