On April 22, 2009, we wrote about Stengart v. Loving Care Agency, Inc., a case in which the New Jersey Superior Court held that an employee who used her personal web-based Yahoo email account on the company’s computer to communicate with her attorney waived her attorney-client privilege. In a sharp rebuke of the trial
computer use
New Jersey Appellate Division Rejects Employee’s Computer Privacy Claim in Criminal Case
By Kathryn Dugan on
Posted in Employment Policies and Practices
Recently, in State of New Jersey v. M.A., the New Jersey Appellate Division held that an employee did not have any expectation of privacy in the contents of his work computer. In M.A., the employee was terminated and the employer reported to the police that the employee had engaged in theft of company funds. The…
Court Holds Employee Waived Attorney-Client Privilege By Using Web-Based Email On A Company Computer
By Randi W. Kochman on
Posted in Employment Policies and Practices
The most recent case to highlight the importance of having properly drafted electronic personnel policies is Stengart v. Loving Care Agency. In Stengart, the New Jersey Superior Court held that an employee who used her web-based Yahoo email account on the Company’s computer waived her attorney-client privilege. In Stengart, the employee emailed her attorney …