As a general rule, the law recognizes that employers may unilaterally enact binding rules and regulations in the workplace. As technological advances have made electronic communication easier and more widespread, employers have been regulating their employees’ use of workplace technology. In particular, employers often seek to limit the use of company computers for personal communications.
A recent case before the Appellate Division pitted the rights of an employer to control the use of its computer systems against an employee’s right to engage in privileged communications with his or her personal attorney. The case, Stengart v. Loving Care Agency , No. A-3506-08 (App. Div. June 26, 2009), reveals that the attorney-client privilege will not yield easily to a company’s interest in enforcing its rules and regulations.
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