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Can my boss read my email while I'm not at my desk? Can she fwd it to herself for 'proof'..?

Asked almost 3 years ago - Clark, NJ

Employment

I was careless a few days ago at work and forgot to LOCK my computer before I spead of to a lunch date which I was almost late to. When I returned my compute looked funny' so I snooped around. TO my dismay, I noticed in my SENT box of my emails, was an email send from 'me' to 'my bosses name'... problem is the email was sent 20 minutes AFTER I left for lunch.... obviously I wasn't there. It was an email I rec' earlier from another coworker in another sector. Nothing profane or corrupt was said , NOT on my part, I said a handful of words none of which are wrong. My quesion is can SHE do this to me? Can my boss actually snoop through my computer, read my emails and forward them to herself as 'proof' of anything? I had reported her once a few months back for some other issues and I have noticed since then, she's picked and picked on every little thing I do. I'm fed up but I realize with the ecomomy the way it is I have to PUT up. Some people have advised me to seek legal council...should I? Is it worth it? I kept the email she forwarded as "my proof" she did so, I punch in/out of lunch so there's proof it wasn't in fact me. Thanks for your help!
-Suspicious one

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Attorney answers (2)

Okorie Chukwudimm Okorocha

Reputation Level 19

Answered almost 3 years ago. DUI / DWI Attorney in Los Angeles, CA.

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Is this the company email or your private email? And were you given any notice by the company that the computers are monitored?

My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

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Locksley O'Sullivan Wade

Reputation Level 13

Answered almost 3 years ago. Employment / Labor Attorney in New York, NY.

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Your bosses has access to all company equipment which would include your computer and all transactions and communications sent through your company's e-mail system. As a practical matter, one can assume that your employment application is likely to have contained a notice about the use of company equipment and the company's right to access and inspect such equipment. This is not something that should be elevated to a court case. Simply put, get a e-mail capable cell hone and be cognizant of whether you are sending or responding to a friend through a company's e-mail account.

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