Archives: Right to Privacy

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Applicant’s Prior Bankruptcy Permissible Basis for Refusal To Hire in U.S. Third Circuit

This post was written by John T. McDonald and Don A. Innamorato. The United States Bankruptcy Code prohibits an employer from taking adverse action against an existing employee because of a bankruptcy filing. In December, the United States Court of Appeals for the Third Circuit refused to extend that same protection to applicants for employment. In Rea v. Federated Investors, … Continue Reading

U.S. Supreme Court Upholds Public Employer’s Search of Employer-Provided Communication Devices

Scott E. Blissman also contributed to this post. The U.S. Supreme Court held that a public employer’s review of transcripts of an employee’s text messages on an employer-issued pager constituted a reasonable search under the Fourth Amendment of the United States Constitution. City of Ontario, Calif. v. Quon, No. 08-1332 (June 17, 2010). Although the case … Continue Reading

New Jersey High Court Limits Employer’s Right To Review Employee Emails

Lessons for Employers in a Social Media World Recently, in Stengart v. Loving Care Agency, the New Jersey Supreme Court held that an employee had a reasonable expectation of privacy in her Internet-based emails to her lawyer, despite the fact that she sent such emails from a company-owned laptop and was on notice of the … Continue Reading

9th Circuit Limits Employer’s Ability to Obtain Employee E-mail and Text Message

In a unanimous ruling by a three-judge panel on June 18, 2008, the Ninth Circuit Court of Appeals in Quon v. Arch Wireless Operating Co., Inc. et al., 2008 U.S. App. LEXIS 12766, held: (1) that a third party vendor provided an electronic communication service to the subscriber/employer and that it violated the Stored Communications Act … Continue Reading
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