Appellate Practice Attorney serving New York, NY
No, unless the texts were privileged, i.e. if they werer made to an attorney in the course of legal representation, made to a spouse, etc. The "expectation of privacy" concept applies to government searches in the course of a criminal case, not private civil litigation, but even if it did, unless the person to whom you texted has a legal obligation to keep your texts confidential, you can have no expectation of privacy in communications you sent to a third party. Assuming that the texts are relevant to the issues in the employment litigation, your relative will have to produce them.
Answered on Nov 14th, 2019 at 10:33 AM