Legal Question in Business Law in California

Email not turned off after termination

Two months after I was laid off, the company is still accepting email to my address. They are not telling people who send email that I do not work there anymore, so the same people send emails multiple times believing I am reading them. There have been personal emails sent, never forwarded, that were for networking events, so the company is also hindering my ability to find a new job. When requested to shutoff email and forward headers to me, they responded 'email is property of the company'.

There appears to be no case law I am told. What recourse do I have to both shut down the email, and maybe even get damages for the loss of networking.

They did this to all the management that was laid off, but some of the others were forwarded their personal email.

It seems to me that sender is being defrauded, since they think I am still there, getting the email, when I am not. I also question my right to privacy being violated.

Any help would be appreciated. Thank you in advance.


Asked on 3/30/05, 6:38 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Email not turned off after termination

What kind of company is it? and did they give you an employee's handbook? If others were forwarded their personal email then you should be. However, the company seems to hold the position that all email coming in on their email is for business only, not personal. If the email is the only means of contacting the senders, then you may have some kind of property right in it. However, it might cost a bundle to fight you old company. Call me to discuss if you'd like. (310) 806-9237. Good luck, ---Phil

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Answered on 3/30/05, 8:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Email not turned off after termination

If you are John Doe and you were receiving personal e-mail at Employer's Web site addressed like this: [email protected], I believe Employer will justifiably argue to the judge that all e-mail to addresses ending in @Employer.com are considered company business because you and the other employees are supposed to use that facility for business matters and after you no longer hold a position there, the e-mail should go to your successor.

Your remedy is to advise all your e-mail correspondents of your new address.

Someday a right to privacy in e-mail directed through an employer's computer system to attention of a particular employee may be recognized, but at present unless you had permission to use that address for personal communications I don't think you have a case. In fact, Employer could make a case against you for improperly using its time and equipment.

If you had express or implied permission to receive personal messages at work via the employer's Web site and using its computers and net access, my answer would be different. In such a case, Employer should allow temporary forwarding for a reasonable time.

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Answered on 3/30/05, 11:29 pm


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