Vista, CA asked in Employment Law for California

Q: Can my employer view my personal emails on my work computer, that was sent by outside scource?

I have never logged onto my personal emails on my work computer.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, your employer generally cannot view your personal emails on your work computer if you have never accessed your personal email account on that device. Here are a few key points:

1. California's Constitution includes a right to privacy, which extends to private communications.

2. If you have never logged into your personal email account on your work computer, your employer should not have access to those emails.

3. However, if you have accessed your personal email account on your work computer, even once, your employer may argue that you have no reasonable expectation of privacy for those emails on the company device.

4. Your employer can monitor and access any communications sent or received through your work email account, as it is considered company property.

It's essential to keep your personal and work communications separate by not using your work devices or network for personal matters. Always use your own devices for personal email, and refrain from using your work email for non-work-related communications.

If you believe your employer has illegally accessed your personal emails, consider consulting with an employment attorney to discuss your rights and potential legal recourse.

Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: If you never logged into your personal email on your work computer, your employer has no right to force you to open your personal email on your work computer.

If you used your work computer to access your personal email, your employer may have a right access the personal email that were accessed on your work computer depending on the wording of their computer/email policies. However, even then it should not authorize wholesale access to all your email; only email opened on your work computer.

The take away is DO NOT use your work computer for personal or non-work related matters.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.