Expert: Dan Pepper - 2/2/2009

Question
My co-worker who had the authority to audit the company e-mail account of a worker who was recently terminated.  While reviewing the e-mail in their account they viewed e-mail between myself and the former co-worker that contained personal opinions about the person auditing the account. Now that person is using the information of my personal opinions about them in the office place, What are my legal ramifications if I have any?  Even though that person has the right/privilege to find out what is happening with the organization and the former employee, does it give the auditing person the right to use the contents of my personal opinion as ammunition against me.  Or is this a problem of ethics.

Answer
Paul,

In nearly every case, your employer has has the right to audit any email that you send or receive using the employer's servers and email addresses.  If the employer elects to appoint a certain individual to conduct this role, and this individual is not violating some other company policy in his/her actions, I see nothing illegal about the actions.