QUESTION
My company email has instant messaging included. I understand that it is also company property and if they need to view it they have the ability
Asked on Nov 10th, 2011 on Corporate Law - Colorado
More details to this question:
The problem is that the email admins are viewing instant messages between employees for their own amusement. I know if any employee wants to view another''s email they must get permission from that particular user or be granted access through security and legal so I assume instant messaging follows the same protocol. Yesterday, one of the email admins printed a private instant messaging conversation between one of my colleagues and our supervisor in which she was called an unflattering name and called him out on it. The conversation was no more than five minutes old when she printed and confronted him on it. It was obvious she was spying on the conversation and had no reason or permission from legal or security to view the message.
Basically, I want to know if there is legal action in regards to this matter. Does she have the right as an email admin to spy on any given conversation just because the program allows her to?
1 ANSWER
Michael Katz
Dear Sir or Madam:
The answer is probably yes. If you are using the company's equipment and it during your business hours (or even after business hours if you are working late), the company has the right to access your messages. The usual reason for this is that the company expects its employees to use the company time for company business and not for "amusement" as you noted. Further, it is a way to monitor compliance with any written email/social network policies that it may have. If you are concerned, you should contact your HR department and ask that they give you chapter and verse of such policies from the employee handbook. If in fact there is no such policy, them you may possibly have a first amendment claim. Even if there is no written policy however, it would be very difficult and expensive to pursue the matter.
The caution that I always give clients is that: (i) email/im are forever; and, (ii) don't use company equipment for personal matters.
Best of Luck
Michael J. Katz
Answered on Nov 18th, 2011 at 3:23 PM