eMail: Capital offense?

From: Jay West <west_at_tseinc.com>
Date: Mon Nov 29 18:25:39 1999

I had our corporate attorneys look into this issue in a general way several
years ago.

I was told that in Missouri at least, a company may do anything they want to
with an employees email, including but not limited to reading it. The catch
is that the email must be delivered using company owned equipment. If the
mail is received by or transits company gear, it actually belongs to them.
That much I know.

So, it seems fairly clear companies have a right to read your email. Then
the question becomes what can they do about it? I would strongly suspect
that if they have a clear company policy that demands no personal mail be
sent or received, and they have no past incidents of enforcing it
subjectively or failing to enforce it at all, and they can prove you were
clearly aware of the policy, it would be very difficult to fight. Companies
usually cover this by putting any regulations in the employee handbook or
equivalent document, and when you start your employment they usually require
you to sign a one-pager that says you have read and understand and agree to
abide by all company policies.

Not that I agree with any of the above, but that's what I've heard anyways.

Jay West
Received on Mon Nov 29 1999 - 18:25:39 GMT