xenophobic |
10-15-2004 08:17 AM |
Quote:
Originally posted by xenophobic
IANAL, however in the United States this is incorrect, if the employer owns the equipment. Even private email (hotmail/yahoo/gmail) is fair game if it is captured on an employers equipment.
Most people think that employers intercepting your private communications is paramount to an illegal wiretap, problem is there is barely any case law to even try and fight with.
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Let me clarify on that statement, as it is rather deceptive - it is probable that 'criminal' actions captured by an employer might be treated completely different.
A friend of mine last year was fired for statements made through personal email (hotmail) that was captured on his employers computer equipment, the company did not have any policy on computer monitoring, he was never informed that he might be monitored, nor signed anything to that effect.
However when he filed for unemployment all of the emails captured were presented, and accepted as evidense against him and he was turned down for unemployment.
A lawyer told us that a company doesn't need a written policy, or even a verbal policy to monitor employee's if they own the equipment, ISP accounts , connections etc, and told us most people should treat working at computers at work, just like other aspects of their life - don't say anything private you wouldn't want anyone to know.
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