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Topic: privileged communications

Use of Company Email = Loud Office Chat?

Posted by on February 18th, 2011

Now might be a good time to review your company employee handbook to see what it says about employee use of email.  While most people consider communications with their lawyer to be privileged and confidential, that may not always be the case -- especially if it’s an employee using her work email to communicate with her personal lawyer about suing her boss.
In a recent case from California, an employee had filed a discrimination lawsuit against her employer.  While still employed, she used her work email account and work computer to discuss her case with her attorney.  Her employer later used those emails against her at trial and successfully defended the case.  The employee appealed the judgment arguing in part that it was wrong for the judge to let the jury read those emails because they were between the employee and her lawyer.

Topics: company email, employee handbook, privileged communications