Does an employee have a right to privacy when communicating with her attorney while using her employer’s computer? That was the question the New Jersey Supreme Court recently grappled with in Stengart v. Loving Care Agency Inc.
According to the court’s opinion, Marina Stengart engaged in e-mail communications with her attorney about issues she was having with her employer, Loving Care Agency Inc., while using her personal, password-protected, Yahoo e-mail account on a company-issued laptop. Upon leaving her employment with Loving Care, Stengart returned the laptop. She and her lawyer subsequently filed claims of employment discrimination against Loving Care.
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