Work e-mails covered by atty/client privilege – Stengart v. Loving Care

[03/30/10 – 2:08 pm] In a 7-0 decision, the New Jersey Supreme Court ruled this morning that e-mail communications sent from a disaffected employee to her attorney by way of a work-place computer were protected by the attorney/client privilege. The evidence before the Supreme Court revealed that the plaintiff utilized her own work-place computer to send e-mails to her attorney by utilizing a personal yahoo account. The communications related to problems she was having at her job and anticipated litigation against the employer. After she left her employment, the employer discovered the e-mails on the computer hard-drive and utilized them in defense of their case, claiming that the plaintiff had no expectation of privacy in her work-place computer based upon company policy and New Jersey common law. The Supreme court ruled that the company policy did not cover use of private e-mail accounts and that she had a legitimate expectation of privacy in the e-mails to her attorney.

Download a copy of Stengart v. Loving Care.

Category: Muni-Mail Archive