Too Creepy to Win: Employer Access to Employee Email

Employee accesses her personal, web-based email account, such as G-Mail, from her employer’s computer. As a result, employer has access to the account. Employee resigns and sues the employer alleging unlawful discrimination, harassment, or other employment-related claim. May the employer lawfully access the emails sent by the employee that are now available via the employer’s computer?

It depends, of course. (You didn’t really think I was going to give you a straight yes or no, did you?) Continue reading

UD Employees Confidential Info Hacked

The University of Delaware announced that confidential employee data was compromised, reports the News Journal. And the breach is a sizeable one-the University estimates that the names, addresses, and social security numbers for more than 72,000 current and former employees may have been stolen. As reported by the News Journal, the university “is working to notify everyone who had their information compromised” and the school will pay for credit-monitoring services. Continue reading

Employers, Facebook, and the SCA Do Not a Love Triangle Make

Employers’ access to employees’ and applicants’ Facebook accounts is legally limited in 12 states.  The restrictions, though, vary widely.  Most of these laws were, at least according to their proponents, intended to prohibit employers from requesting or requiring an employee’s or applicant’s password or account information for the purpose of gaining access to the account as a sort of back-door background check.  Unfortunately, many of the laws go (or potentially go) far beyond that simple limitation.  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

NJ Passes Password-Protection Law for Employees and Students

New Jersey is the latest State to prohibit employers from requesting the passwords of employees and applicants. The N.J. Senate passed A2878 on October 25, 2012. The bill also prohibits employers from any kind of inquiry into whether the employee has an account on a social-networking site and from requiring that the employee or applicant grant the employer access to his or her social-networking account.

Although the Bill passed the Senate unopposed, the added exemption of law-enforcement agencies requires that the Bill be returned to the Assembly for approval before being sent to the Governor for approval, reports CBS New York. Continue reading

A Really Bad Boss and a Really Awful Invasion of Privacy

This lawsuit, which we’ll file in the category of “Ultimate Jerks at Work,” was reported by Kashmir Hill on Forbes.com. Here’s the story, as alleged in the lawsuit.

Jonathan Bruns was working for a staffing agency when he was placed with a company in Houston, Texas. According to the complaint, Bruns asked if he could charge his cellphone in a wall outlet. His supervisor, Pete Offenhauser, obliged. 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