New Jersey Appellate Court Says, Take “Loving Care” with Employee Personal Communications

5 08 2009

In Stengart v. Loving Care Agency, 2009 N.J. Super. LEXIS 143 (App. Div. June 26, 2009), a New Jersey appellate court refused to enforce a provision in an employer’s electronic communications policy that purported to give the employer ownership of all employee personal communications on the employer’s system. The particular messages at issue were sent by an executive to her attorney on her personal, password-protected Web mail account. The opinion contains some valuable reminders for employers that promulgate such policies, and a caution for attorneys who may be called upon to review such communications.


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