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Employers Have Duty to Investigate and Report Illegal Computer Activity in the Workplace

This report relates to 1 case(s)

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    Doe v. XYC Corp., 382 N.J. Super. 122 (2005) (0 other reports)

Author: Shannon C. Johnson

In Doe v. XYC Corp., +382 N.J. Super. 122, the New Jersey Appellate Division considered whether an employer had a duty to investigate, monitor and report illegal computer activities of an employee to law enforcement.

An employer has a duty to exercise reasonable care to prevent an employee from intentionally harming others if the employee is on the employer's premises and using the property of the employer.

In this case, the court held that an employee has no expectation of privacy while using the employer's communication network to conduct illegal activity, and that an employer with knowledge of an employee's illegal activity is under a duty to investigate and stop the employee's such activity which may cause harm to innocent third parties by reporting same to law enforcement.