Perhaps it’s the economy. Perhaps it’s the lure of trying to catch someone in the act. Perhaps it’s something else entirely, but we’re starting to see more instances of employers getting themselves in trouble because they’re monitoring employee use of employer technological resources to investigate possible employee misconduct without first seeking legal advice. Two fairly recent examples: Hay v. Burns Cascade Co., Inc. out of the Northern District of New York and Van Alstyne v. Electronic Scriptorium, Ltd. out of the Fourth Circuit.
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