Employee spies on co-worker’s e-mail
June 20, 2008 by Sam NarisiPosted in: Employee computer use, In this week's e-newsletter, Latest News & Views
A news reporter is being investigated by the FBI for snooping through his co-anchor’s personal e-mail.
Here’s what happened: After she was fired by the station, the co-anchor filed a wrongful termination suit. Now she claims her former partner has read through e-mail sent back forth between her and her lawyer. She also alleges he passed on what he found to the station’s management.
If the allegations are true, the guy may have broken the federal Wiretap Act, which forbids the interception of electronic communication.
The good news for HR: So far, experts say the employer probably won’t be held liable, since it doesn’t look like he was asked or permitted to do the snooping.
However, if it turns anyone at the company knew what was happening and didn’t stop it, the firm could be in big trouble.
Tags: e-mail snooping, FBI, news anchor
June 20th, 2008 at 9:14 pm
Wrongful Termination
Wrongful termination is one of those phrases that is often simply wrong. In fact, actual wrongful termination is extremely rare however greedy, vengeful people continually use this phrase as they seek so-called justice and revenge against their enemies. In my book, Wingtips with Spurs, (http://www.amazon.com/Wingtips-Spurs-Michael-L-Gooch/dp/1897326882/) I title one of the chapters Firing. In it, I detail wrongful termination and what an organization must do to fortify against the turks coming over the wall. Michael L. Gooch, SPHR Author of Wingtips with Spurs: Cowboy Wisdom for Today’s Business Leaders http://www.michaellgooch.com
June 24th, 2008 at 1:34 pm
Mendte just wanted to see the bikini pics she emailed to Eisen.
June 24th, 2008 at 3:20 pm
Hi Sam,
Thanks for the articles on HR issues, they are informative and helpful. Do you have the name of the case and/or cite re: Employee spies on co-worker’s email?
Thank you!
Raquel
June 24th, 2008 at 7:38 pm
If the employer has a written policy, which is followed and states that all equipment including computers, email, etc., are the property of the employer and are only to be used for job-related purposes, and that the employer does have the right to check its equipment, communications, desk drawers, lockers, etc.; then I didn’t think there was any federal laws banning such checks of the employer’s systems, property, equipment, or communications. If so, which law is it. Thank you, Eric.
June 26th, 2008 at 8:19 am
Eric,
The difference in this case is that it was the woman’s PERSONAL mail (i.e., @google, @aol, etc.), so it was mail that wasn’t stored on company-owned equipment.
Sam Narisi
Editor
HRTechNews.com
June 26th, 2008 at 8:25 am
Raquel,
No cite yet, since it’s just being investigated at this point, but the people involved are Larry Mendte and Alycia Lane. Here’s a newspaper article about the story:
http://www.nbc10.com/news/16699070/detail.html
Sam Narisi
Editor
HRTechNews.com
June 26th, 2008 at 1:17 pm
Personal email can generally be monitored by an employer if the Company’s equipment is used (though I don’t think it’s easy to do) — the employer is just as liable for offensive material received at work on a personal account. Inappropriate email sent from the Company’s system can also be tracked back to the Company’s systems even when a personal account is used. Providing employees notice that monitoring may take place is key. A requirement that they acknowledgeeach time they sign on to the Company’s systems that their use of the Company’s systems may be monitored is one way to provide notice. We also have employees sign and acknowledge receipt of our Electronic Systems Policy at hire and periodically there after.
I haven’t found the case, but that it was a coworker and not the employer doing the snooping (and apparently after she was an employee) and not for a reasonable business purpose could explain the potential liability.
In short, if you want to send personal emails — send them from your personal computer to another personal computer.