How Stengart Changes Employees' E-Mail Privacy

Law360, New York (April 27, 2010, 12:18 PM EDT) -- On March 30, the New Jersey Supreme Court found that employees have a reasonable expectation of privacy as to personal data stored on company-owned computers. Importantly, however, the court held that employers, by promulgating clear policy statements prohibiting personal use of company equipment and reserving the company’s right to monitor usage, can overcome most (but not all) of this expectation.

In the case, Stengart v. Loving Care Agency Inc., after a former employee had sued the employer for violating New Jersey’s Law Against Discrimination, the employer...
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