My employer recently stated that he was tracking everything we did on our personal laptops over the company network. Is it legal for him to monitor what sites we visit and all our online traffic from our own personal laptops? (Yes, we are allowed to use personal laptops at work.)

Posted  12-14-2011

Ann Kiernan replies:

Yes, since federal law allows employer to monitor whatever goes over the corporate network. Note that in one state, New Jersey, the state Supreme Court has held that the attorney-client privilege applied to e-mails sent by an employee to her personal lawyer, even though the employer had a policy stating that the employee should have no expectation of privacy in e-mail sent using company equipment. In other states, notably California, the courts have ruled that company policy prevails over a claim of attorney-client privilege.


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