ABA Family Legal Guide

Computer Law

Computers on the Job

What if my company has pledged not to conduct e-mail and Internet searches?

You must still be careful.

Companies are often the targets of lawsuits, either from customers or clients alleging negligence, or from former employees claiming discrimination. During litigation, the parties suing seek and generally receive the court's permission to examine a wide range of documents and e-mail communications pertaining to the alleged negligence or discrimination. As part of this discovery process, lawyers for those suing can gain access to company's computers and the sites visited and people contacted by employees. This information, though not sought by your employer, could come to the attention of your company in the discovery process. It will need to gather relevant information to turn over to the other side in response to their request for records and will likely review the records before disclosing them to find out what the other side's lawyers will see. Your company might end up winning the lawsuit, but you might end up losing your job for having visited certain websites or having sent personal e-mail on the company's equipment and time.