D.Law: California’s Skilled Employment Attorneys

When a worker finds out that their employer has been monitoring their email, they often feel that their privacy has been invaded. But is workplace email monitoring also a violation of employment rights? 

D.Law, an employment law firm based out of Glendale, CA, explains that there are instances in which email monitoring in the workplace is and is not legal under California law. When workers encounter email monitoring, discrimination in the workplace, or their employer not paying the agreed-upon wages, D.Law steps in to provide legal representation and support. 

Can an Employer Monitor Your Email? 

Employers in California may be able to legally monitor workplace emails in many cases. However, doing so must not violate the employee’s privacy rights or workplace email monitoring laws and policies in California. 

Generally, D.Law suggests that it may be lawful for an employer to monitor emails in the following scenarios:

• The worker is using a company-issued email account

• The worker is logged in on a company device

• The employer has installed tracking software on the worker’s computer with their consent that enables them to track work activities, including email exchanges 

• The employer has received written consent from the worker to monitor their email

Email accounts issued by a company are often not protected under privacy laws, though some exceptions may apply. Employees can expect that their employers will be monitoring these accounts, and they must be careful not to send emails that they do not want an employer to see. 

When Is Employer Email Monitoring Unlawful? 

Employers should not have full access to employees’ private online accounts at all times. There are instances in which an employer monitoring a worker’s email could be considered illegal:

• The worker has a reasonable expectation of privacy. This would be determined based on what the average worker would expect to be private in the workplace. In some companies, employers specifically state that workers’ emails will not be monitored, meaning that monitoring emails would be a violation of this reasonable expectation of privacy. 

• The worker is using a personal email account. In many cases, employers may not legally access workers’ personal email accounts unless the worker has consented to them doing so. 

• The employer is monitoring emails for a discriminatory reason. Discrimination is unlawful in the workplace. An employer cannot single out workers of a protected class and monitor their emails only, for example. 

Knowing when employer email monitoring is legal or illegal can be challenging and depends on a range of factors. D.Law recommends consulting an employment attorney when a worker feels their rights may have been violated. Employment attorneys in California can review their case against California laws and help them understand their options if they do have a case against their employer, such as reporting the activity to the EEOC or filing a legal claim. 

About D.Law 

D.Law is an employment law firm that exclusively represents workers in California. The firm handles cases involving discrimination, harassment, wrongful termination, retaliation, pay and overtime issues, and more. 

Parties interested in learning more about when an employer may legally monitor worker emails can contact the firm at 818-275-5799 to request a consultation. 

Contact Information:

D.Law

250 N Madison Ave, Pasadena, CA 91101, United States
Pasadena, CA 91101
United States

Emil Davtyan
https://d.law/