With all the anthrax threats recently, my employer implemented a procedure of opening all mail received before distributing it to the individual. Is this legal, or is this allowed if the letter is addressed to the employer (or employer’s address)? Thanks.
Ann Kiernan replies:
Yes, an employer can open the mail addressed to the business or its employees, for any legitimate business reason. The postal regulations require that all mail addressed to a government or non-government organization or to an individual by name or title at the address of the organization is delivered to the organization. If any disagreement arises as to where any such mail should be delivered, it must be delivered under the order of the organization’s president or equivalent official. (Domestic Mail Manual 55, Sec. D042.4.1)
In other words, once the Postal Service carrier delivers the mail to a business, it’s up to the business to decide how to distribute it internally. But, an employer can’t obstruct delivery of employee mail, or destroy it, or open it with the intent of prying. Those are all federal crimes! (18 U.S. Code Secs. 1701-1703)
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.