May an employer open employee mail that was sent to the office?

Author: William Denham, Shortt & Nguyen, PC

Yes. An employer may generally open employee mail that was addressed to an employee and sent to the office unless it is clearly marked personal or confidential and there is no compelling reason to do so. In most workplaces, there is a designated individual or department that opens and sorts the mail.

It is wise for an employer to implement an employee privacy policy notifying employees that they should generally not have a reasonable expectation of privacy in mail sent to the workplace. An employer may also want to have employees acknowledge and consent to the employer's privacy policy.