Stengart v. Loving Care Agency, Inc., Docket No. A-16-09 (NJ Sup. Ct., March 30, 2010)

Employer may not access employee's private, password protected e-mail account on work computer.

The plaintiff filed suit alleging constructive discharge, retaliation and harassment based on gender and national origin. In anticipation of discovery, the employer had accessed the plaintiff's work laptop and discovered certain temporary internet files, including e-mails between the plaintiff and her attorney. The e-mails were on the plaintiff's private, password protected e-mail account on Yahoo. The Supreme Court concluded that the e-mails constituted attorney-client privileged communication and that the fact that they were on the employer's computer did not deprive them of this status. The Court concluded that the employee could reasonably have an expectation of privacy even though the communication took place on the work computer.