Employers typically let their employees know about company policies through memos, employee handbooks or union contracts. When the company promises workers it will notify them about a certain type of monitoring, then it is legally bound to do so. Exceptions include when an employer is investigating some type of wrongdoing. (Privacy Rights Clearinghouse )
Smyth v. Pillsbury is an example of a case heard by Pennsylvania courts where a company terminated an employee because emails between the employee and supervisor were inappropriate. The company had a policy that all emails were confidential and privileged and even assured employees “that e-mail communications could not be intercepted and used by defendant against its employees as grounds for termination or reprimand.” Even so, the court when ruling on the case evaluated the intrusion. It considered whether intercepting the emails would be highly offensive to an “ordinary reasonable person” and decided that it wouldn’t. Also, Pennsylvania is an at-will employment state, which means employers can terminate employees without cause. In this case, the employer was not held liable for reading the emails or terminating the employee for what the company considered wrongdoing.
If you have an issue with an employee that also involves a company policy, consult with an experienced employment defense attorney to discuss your rights and whether it is wise to act in violation of your policy. At Stephen Hans & Associates , our lawyers are well versed in New York employment laws and have years of legal experience. We are glad to provide you with trustworthy legal guidance.