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10:50 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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I was fired because of personal e-mails on my work computer. Is this an invasion of privacy?
Question: My hotmail account, along w/ my company email acct. can be accessed
through outlook. One of my co-workers went into a folder in my personal
acct. using outlook and read and deleated personal files of mine. She
also shared the emails with my supervisor and I was fired the next day.
The only restrictions my employer placed on internet use pertained to
pornography. Of course I feel this was an invasion of my privacy, is
this supported by any laws or statutes?

Answer: This is a frequently recurring situation with the amount of internet access employees now have. As a general rule, workplace computers belong to the company and most court decisions have pretty sharply limited the employee's right to expectation of privacy in the use of computer equipment provided by the corporation. One exception I'm aware of, which might apply to you, involves an employer having accessed an employee's private email account (in a non-employer database). Your question would require much more exploration of the facts, but I'd recommend you consider at least consulting with an employment attorney. If you don't know one offhand, consider using the N.C. Lawyer Referral Service, 800-662-7660.
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When you pull your personal emails into Outlook or your company's email program it is no longer private.

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