• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Emails and Privacy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

awl2005

Member
Which state do you live in? IN

I work for a non-profit organization. I have access to a computer at work, but have my own personal yahoo email account. The Executive Director is having a fight with one of the Board Members and is out to "get her", her words to me. She wants me to forward all emails that I have received from this Board member, past and present, and forward to her. I have refused but now the Ex. Dir. is giving me a hard time and saying I must.
The email messages from the Board member is either related to my job or of a personal nature.

Our policy is:
319 – COMPUTER & E=MAIL USAGE

The following policy applies to all computer systems and e-mail.

1. We maintains a system of computers and electronic mail. This system is provided by us to assist in the conduct of business within the organization.
2. The computer and electronic mail system hardware and software is our property.
3. The use of the system is reserved solely for the conduct of business at the organization. It may not be used for personal business, video games, etc.
4. The electronic mail system is not be used to create, display or transmit any offensive or disruptive messages. Among those that may be considered offensive are any messages that contain sexual implications, racial slurs, gender or age specific comments, and/or derogatory remarks about sexual orientation, religious beliefs, national origin or disability. Offensive messages may also include disrespectful comments or language aimed at another individual.


Do I have to do this? Isn't this illegal to take these emails?
Thanks.
 


ecmst12

Senior Member
If the emails were sent through the company email system, then they are the property of the company and they can get them from the server whether you forward them or not (so you might as well just do it). If they were sent to/from your private email address, then they do NOT belong to the company, they are your private property and you don't have to send them. If they want them in this case, they'd have to get a subpoena.
 

awl2005

Member
Clarifications

The server is a DSL through a local ISP provider. It is only a 3 computer system set up through an ethernet connection.
The company does not have corporate email id. Everyone uses their own personal yahoo one.
So are they the property of the company? Can they get them without being subpoenaed? Is there laws govering this that can be looked up?

Does this border on harassment from the director to the Board member?

Thanks.
 

BelizeBreeze

Senior Member
The server is a DSL through a local ISP provider. It is only a 3 computer system set up through an ethernet connection.
The company does not have corporate email id. Everyone uses their own personal yahoo one.
So are they the property of the company? Can they get them without being subpoenaed? Is there laws govering this that can be looked up?

Does this border on harassment from the director to the Board member?

Thanks.
Yes, the company owns the computer on which you access them and as such, not only can they 'get them', they can fire you for theft...now, guess why?
 

ecmst12

Senior Member
She was using her personal email address, which is not owned or controlled by the company, for work at their request. That she was using it for work doesn't make it the company's property. And nowhere did she mention anything about confidential information. Seems like a long shot to be able to win a case like that.
 

xylene

Senior Member
Theft of company property, business processes, confidential information....shall I continue?
Is this like the one were the company didn't know the email password and the EX employee did and that was theft? Just wondering. Because to prove that... I think you told some business anecdote, maybe about Sam Walton.

But that's the past.

How is an email sent from one employees personal account to another employees personal account company property?

I would love to her a reason other than they accesssed the acounts at work. I would not even believe the notion that they wrote them at work for would be enough for this blanket request.

But what do I know - please school me and maybe your correct explanation will benefit the original poster. (c'mon spell it out - not just what would tee you off if one of your staff did it.)
 

awl2005

Member
Confused

Ok, I am now really confused. We are talking about one employee emailing on her own private yahoo accout, which she was given permission to set up, to another person not employeed by the company but on the Board of Directors of the organization.

She and the the Board member are working on a sub-committee. However the Executive Director of the organization does not like this Board Member and wants to remove him from the Board. She is on a witch hunt and is looking for anything the Board member may have said to the employee about herself (the Executive Director).

There is no confidential information involved. It is all shared business material that is then presented at the Board meetings. The EU is just on a personal witch hunt. The employee feels that this is an invasion of her privacy and as such, does not feel that she must forward these emails.
 

awl2005

Member
Update

Employee was asked by Executive Director to bring in or send her copies of all emails to the employees home email account from the Board Member. The employee does not and has never used her home email account at work.

Is this legal?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top