Computer Usage Policy Trumps California Employee’s Attorney-Client Privilege
Can employees expect privacy protection when the employees e-mail their attorney from their company e-mail account about suing their employer? According to a recent California Court of Appeal opinion, it is likely that the e-mail will not be protected by the attorney-client privilege and will be admissible at trial. According to the opinion, when the employer has an express policy that reduces any expectation of privacy, e-mail communications between an employee and her attorney may be equivalent to “consulting her lawyer in her employer’s conference room, in a loud voice, with the door open.” This should serve as reminder for all employers to review their current computer and e-mail usage policy and make sure that it adequately notifies employees that that their workplace computer and company e-mail account are not private, may be used only for business purposes and may be subject to monitoring by the company.
Tracking Employee Driving Records
Do you have employees that drive for company business? Are you concerned about you employee getting into an auto accident on company business while driving without or a suspended license?The Department of Motor Vehicles has an inexpensive program to track employee driving records. It costs $5 to enroll a driver plus $1 whenever a DMV report is generated. It is called the “Employee Pull Notice Program” (EPN)For a Q&A about the program go here: http://www.dmv.ca.gov/vehindustry/epn/epngeninfo.htmTo get all the required forms go here: http://www.dmv.ca.gov/vehindustry/epn/epnformlist.htm