Aug. 14, 2024 3 AM PT
An employee of Los Angeles City Atty. Hydee Feldstein Soto alleged that Feldstein Soto searched emails of employees who had been vocal about problems in the office without their knowledge.
Whether Feldstein Soto has reviewed those emails without permission has not been verified, and her spokesperson said the allegations, which were recently filed with the city, were untrue. But if she did search through staff emails, the law doesn’t clearly state whether that would have violated any rules.
Law experts said that’s true of most employers when it comes to their oversight of employee emails.
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There aren’t clear black-and-white lines when it comes to an employer’s limitations to review staff communications on a work email account, experts said. If a personnel or legal issue has arisen, such as a harassment allegation, an employer may have significant leeway to search messages in an attempt to determine whether the claim was true. Or if a public records request involves emails from a public employee, an employer is typically entitled to a review.
“If anything, there may be a violation of a right to privacy under the California Penal Code if the employer is eavesdropping on certain communications, private emails and stuff like that,” Los Angeles attorney Todd Friedman said.
Aug. 12, 2024
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