There has been debate on the use of social media in the workplace along with privacy concerns. But what about e-mail? Generally, anything an employee does on a company-owned computer can be monitored by the employer. But a recent court decision may change that.

An employee with a healthcare company had been issued a company-owned laptop, but before she resigned from her position she had used the laptop to correspond with her lawyer using a Web-based password-protected e-mail account. In this case, the e-mails related to a lawsuit that she was planning to file against her employer.

After she had resigned and filed the lawsuit, the employer had searched the contents of the laptop and discovered the e-mail correspondence between the employee and her lawyer. When the employer brought the content of these e-mail messages to court, the employee's lawyers objected saying that the e-mails are protected under attorney-client privilege.

The employer said, in part, that company policy made it clear that any e-mail sent or received on company equipment became company property. But here is the catch: in the body of this company policy it stated that "occasional personal use is permitted..." These five words sunk the employer, and the Court ruled that the disputed e-mails were privileged.

This court decision came out of the New Jersey Appellate Court, so it's only legally binding in that state. But other courts may just follow suit.

Perhaps in future, companies may need to adapt an all-or-nothing policy regarding computer use, either prohibiting personal use altogether or make it clear that employees have no right to privacy in any activity performed on company computers.

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