Opus Group LLC

If an employer issues a cellular phone, iPhone, Blackberry or pager to an employee, does the employer have the right to search text messages sent to or from the device? According to a recent decision by a federal appeals court, the answer appears to be a qualified “yes” but only if the employer consistently follows a formal company policy that clearly authorizes such search. The case is of particular interest in that it highlights the pitfalls for employers that monitor such communications, but also suggests ways that employers can protect themselves from liability in such situations. (more…)