New Jersey residents may have heard the news report about Harvard faculty members becoming stunned and frustrated upon learning the university snooped through the work email accounts of 16 deans. Harvard did this to learn which dean leaked confidential information to the press about a cheating scandal at the university. While the faculty’s disappointment is understandable, their shock may be less so.

Employees generally do not have much of a right to privacy when using work computers and email accounts. Often, the exact parameters of workplace email and internet privacy are stated in an employment contract or handbook. To protect themselves, workers would do well not to expect their work email accounts to be private unless their employer has specifically stated workers do have this right–even then, it is wise to recognize your employer still might access your email.

Harvard’s privacy policy stated the administration could search employees’ emails in certain situations, such as during internal investigations. In the event of such a search, the administration was to notify affected employees before or shortly after the search. In this case, employees were not notified by administrators; they found out when a newspaper uncovered the story.

While the faculty’s anger is relatable, courts have consistently ruled that employers may search an employee’s electronic communications if the employee does not have a reasonable expectation of privacy and/or if the employer has a legitimate work-related motive.

In one case, a judge ruled that an employer was required to search employees’ emails in response to a sexual harassment complaint. In another, the Supreme Court found that although a police officer had an expectation of privacy regarding his work pager, his boss had the right to look through the pager to determine why he surpassed his allocation of text messages.

While there is still a bit of a gray area regarding privacy and internet use in the workplace, it is best for workers in New Jersey to act with caution when using work email as well as when using personal email accounts in the office. Often, workers sign contracts that limit their right to privacy when using any employer-provided communication device. Those who do find themselves in any sort of dispute regarding such privacy issues may wish to seek legal advice regarding their rights.

Source: Slate, “Can Your Boss Read Your Email?” L.V. Anderson, March 11, 2013

• Our New Jersey law firm provides legal representation to employees in a variety of employment law disputes. For more information about our practice, please visit our Employee Rights page.