
By Brent A. Cossrow
In a widely discussed decision issued last year, Stengart v. Loving Care Agency, the New Jersey Supreme Court held that an employee had a reasonable expectation of privacy in her e-mail communications exchanged with her personal attorney through her web-based, password-protected, Yahoo! e-mail account using her employer’s computer.
Recently, in Holmes v. Petrovich Development Co., LLC, a California appellate court ruled that e-mails sent by an employee to her attorney from a company computer were not privileged. According to the appellate court’s opinion, plaintiff Gina Holmes started working for Petrovich Development Company in June 2004. Holmes later told her supervisor, Paul Petrovich, that she was pregnant.
Holmes’ subsequent communications with Petrovich regarding her pregnancy left her feeling as though her position was in jeopardy. Petrovich shared his communications with Holmes with his colleagues, and when Holmes learned this she felt as though her rights were violated. Read more…





























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