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In some cases, federal law limits how much an employer can monitor electronic correspondence and protects certain kinds of speech in work emails. Employers need to have a plan in place (and make sure its legal) to keep this workplace convenience from becoming an office catastrophe.
First and foremost, employers should know the law regarding email inspection. The Federal Electronic Communications Privacy Act provides some protection for work emails, and some states have more stringent statutory controls.
Additionally, the National Labor Relations Board recently ruled that employers can't bar employees from discussing work conditions over work email or bar them from using work email for union activity. So before you start monitoring employees, you should be aware of their rights and the regulations on email review.
Other than those few restrictions, employers generally have a lot of leeway when it comes to monitoring and viewing employee email. For the most part, an employee's privacy rights are limited at work, especially when using company equipment (i.e., computers and servers) and software (i.e., email programs).
Setting up and carrying out a company email monitoring policy can be tricky. You may want to consult with an experienced employment law attorney to assist your business.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.