Ruling Allows Employer To Revoke E-Mail Access - InformationWeek

InformationWeek is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

IoT
IoT
News

Ruling Allows Employer To Revoke E-Mail Access

The New York State Education Department said employee Michael Darcy had ignored warnings about unauthorized use of E-mail.

An employer has the upper hand when deciding how and when company E-mail is used, according to a New York appeals-court ruling, which gives the New York State Education Department the right to take away the E-mail privileges of employee Michael Darcy.

Darcy's E-mail had first been shut down in 1999 when he ignored repeated warnings from the department not to communicate via departmental E-mail with his fellow union members concerning contract negotiations and pending legislation that could result in layoffs of union members.

Darcy won an appeal before the New York State Public Employment Relations Board, which determined in 2000 that Darcy was engaged in protected activity when he communicated via education department E-mail with other union members regarding terms and conditions of employment. The judge ordered the department to restore Darcy's E-mail access.

But a New York state appeals court last week upheld the department's right to suspend Darcy's E-mail privileges.

"If it wasn't for the labor-law issue, this is an open-and-shut case," says Stewart Baker, a partner with Steptoe & Johnson LLP and head of the law firm's technology practice. The employer gets to set the rules for using E-mail, he says, because it's providing the service for its employees.

We welcome your comments on this topic on our social media channels, or [contact us directly] with questions about the site.
Comment  | 
Print  | 
More Insights
State of the Cloud
State of the Cloud
Cloud has drastically changed how IT organizations consume and deploy services in the digital age. This research report will delve into public, private and hybrid cloud adoption trends, with a special focus on infrastructure as a service and its role in the enterprise. Find out the challenges organizations are experiencing, and the technologies and strategies they are using to manage and mitigate those challenges today.
Slideshows
Strategies You Need to Make Digital Transformation Work
Joao-Pierre S. Ruth, Senior Writer,  11/25/2019
Commentary
Enterprise Guide to Data Privacy
Cathleen Gagne, Managing Editor, InformationWeek,  11/22/2019
News
Watch Out: 7 Digital Disruptions for IT Leaders
Jessica Davis, Senior Editor, Enterprise Apps,  11/18/2019
Register for InformationWeek Newsletters
Video
Current Issue
Getting Started With Emerging Technologies
Looking to help your enterprise IT team ease the stress of putting new/emerging technologies such as AI, machine learning and IoT to work for their organizations? There are a few ways to get off on the right foot. In this report we share some expert advice on how to approach some of these seemingly daunting tech challenges.
White Papers
Slideshows
Twitter Feed
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Sponsored Video
Flash Poll