The situation on privacy expectations of e-mails for employees continues to develop both in Canada and the U.S. A unanimous decision released by the New Jersey Supreme Court this past week in Stengart v. Loving Care Agency, Inc. adds to this area.
Prior to leaving the employer to file a discrimination suit, the employee exchanged 7-8 e-mails with her lawyer through a personal Yahoo! e-mail account through the company’s laptop computer. The employer then retrieved these e-mails through the Temporary Internet Files cache and used them in preparation for the suit. The trial court initially ruled that the employee had . . . [more]