Your Employees Are Stealing Your Data

Employee resigns. But before her last day of work, Employee copies thousands of emails and documents from Employer’s computer.  Off goes Employee into the sunset.

How often is this scenario?  I bet most employers think this never happens in their workplace. I’d be willing to bet that it happens in almost every workplace.  It happens with such regularity, yet most employers are absolutely stunned to discover that it’s happened to them. Continue reading

Michigan Enacts Social-Media Privacy Law

Michigan is the latest State to pass a “Facebook-privacy” law. The law, called the Internet Privacy Protection Act, was signed by Gov. Rick Snyder last Friday. The law prohibits employers and educational institutions from asking applicants, employees, and students for information about the individual’s social-media accounts, reports The Detroit News. Continue reading

Judge’s Porn Habit Results In Suspension

Under the Computer Fraud and Abuse Act (CFAA), an individual who wrongfully accesses information stored on a computer can be held civilly and/or criminally liable. Employers have attempted to use the CFAA to prosecute employees who steal the company’s confidential information. Different jurisdictions have come down differently on the question of whether the CFAA can be used in the employment context. Continue reading

You Can Leave the Light On . . . But Be Sure to Log Out

You can, according to Joe Cocker, leave a light on. But, if you want a second opinion, I’d suggest that you be sure you log out before you leave the computer room. The case of discussion in today’s post, Marcus v. Rogers, was brought by a group of New Jersey public-school teachers. The District made computers with Internet access available for teachers to use during breaks. One of the teachers was in the “computer lab” (my phrase) to check his email when he bumped the mouse connected to the computer next to the one he was using, turning off the screensaver. On the screen, the teacher saw the Yahoo! inbox of a colleague, who had, apparently, failed to log out of her email account before she left. Continue reading

Separating Personal and Professional: There’s an App for That

BYOD (short for “bring your own device”), is all the rage these days. Well, at least you’d think so based on all of the on-line talk about it. See, e.g., this post on the WSJ Blog, CIO Report. The basic idea is that employees are using their own electronic devices, such as smartphones and laptops, for work-related purposes. The causes of the BYOD movement are not entirely clear but one explanation is that employees are dissatisfied with the technology provided by their employer, so they just “bring their own” technology with them. Continue reading

Stop Workplace Negativity With Email Surveillance. . . . Huh?

FDA officials developed “a wide-ranging surveillance operation” against a group of its own employees, according to the N.Y. Times. The federal agency is said to have surreptitiously captured “thousands of emails” that disgruntled employee-scientists sent to members of Congress, lawyers, labor officials, and journalists. Continue reading

Jumping the Gun on Employee Internet Activity

security camera_thumbA new decision from the Third Circuit Court of Appeals provides public employers with some additional guidance regarding employee internet activity. In the case of Beyer v. Duncannon Borough, police officer Eric Beyer was terminated from his position after he posted anonymous online comments, critical of the Duncannon Borough Council. More specifically, Beyer criticized the Council for its opposition to the purchase of new AR-15 rifles for the police department. Continue reading

Employer Liability for Accessing Employee’s E-Mails

When a former employee sues his former employer, an immediate issue of concern is how to preserve all electronically stored information (ESI) that may be relevant to the claim. Failure to do so may result in a claim of spoliation, sanctions against the employer and its legal counsel, or even an adverse ruling. Good employment counsel understands these consequences and how to avoid them in the first instance. Continue reading

Work Email and the Attorney-Client Privilege Do Not Mix

An appeals court in California recently decided that emails sent by an employee from her work email address to her attorney are not protected by the attorney-client privilege. In the case of Holmes v. Petrovich Development Company, LLC, an employee sued her employer for wrongful termination. Prior to filing her lawsuit, she had exchanged emails with her attorney, using her office email account. The employer used the emails in its defense, and the employee objected, claiming that they were protected by attorney-client privilege. Continue reading