X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
PHILADELPHIA — An employer’s decision to dig through an employee’s e-mails in computer storage does not violate any provisions of the Electronic Communications Privacy Act since the law bans an “interception” only if it occurs at the time of transmission and exempts the owner of an e-mail system from any claim alleging an illegal “seizure” of stored e-mails, a federal appeals court has ruled. In Fraser v. Nationwide Mutual Insurance Co., the Third Circuit U.S. Court of Appeals ruled that since Richard Fraser’s e-mails were stored on Nationwide’s system, any search by the company was authorized by an express exemption in the federal ECPA for e-mail service providers. The unanimous three-judge panel also rejected Fraser’s claim that he was wrongfully discharged in September 1998 in retaliation for his lodging complaints against Nationwide with state authorities and his efforts to get legislation passed that would have protected agents like himself from being fired for anything less than just cause. The court held that whistle-blower laws protect only public employees and that Fraser’s case did not fall into any of the narrow public-policy exceptions to the at-will employment doctrine recognized by the Pennsylvania courts. Significantly, the court held that the First Amendment cannot be cited in a wrongful-discharge claim by private-sector workers as the grounds for a public policy exception.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.