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The boss came into the employee’s office and saw the computer screen that had a non-work email open.
Both the trial court and the court of appeal found that the employer had a legitimate interest in investigating whether or not the employee was running another business from the employer’s worksite on the employer’s time and found that printing out the emails was proper.
The employee had to pay the employer damages for breach of the duty of loyalty.
The employer had issued policies that company machines could only be used for business and gave notice that employees had no rights of privacy in their use of company equipment.
The employer not look at private emails on a private email account that is password protected by the employee because the employee has a reasonable expectation of privacy, the account is the employee’s, and computer hacking laws provide protection against viewing personal emails without consent.
However, employees should be careful about using those accounts and passwords on employer owned equipment, because that information can be stored in backups, is visible to monitoring software and may not really be private at all.
Personal Phones: Employers generally cannot monitor or obtain texts and voicemails on an employee’s personal cell phone.
But if you’re spending a lot of time at work loudly talking about your weekend plans, there is a good argument that it wasn’t private and you can be disciplined for not working.