The Boundaries Of Monitoring Employee E-Mail

Law360, New York (October 22, 2009, 2:42 PM EDT) -- This term, the New Jersey Supreme Court will wrestle with the issue of whether or not e-mail communications between an employee and her attorney, sent on her company-issued laptop, but via her password-protected Yahoo e-mail account, are protected by the attorney-client privilege.

The case, Stengart v. Loving Care Agency Inc. will also give New Jersey’s highest court the opportunity, should it so desire, to define the parameters and conditions upon which New Jersey employers can monitor and review all employee e-mail and Internet usage.

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