Is it legal for a company to use an emailed dialogue as evidence?

Question

More info - a company email address, between too company members, regarding a grievance, after the grievance has been concluded?

I have been told by a very reliable source that, despite the email accounts and computers belonging to the company, that the emails remain private and not useable in court. Whilst my source is extremely knowleadable in this area, it still seems to good to be true...

Answer 1

It "may" be admissible in court.

Usually, though, the people would need to be called to the stand to testify that yes, they wrote that email, and received that email, etc. One cannot usually just present a piece of paper with some typing on it and claim that it's an email from A to B etc.

Richard

Answer 2

Well I am no legal expert but I do watch a ton of people's court. On more than one occasion I have seen an email be used as evidence. Hope this helps.  

Answer 3

If it's done on the companies computers they can confiscate it at any time and can look at Emails, websites, etc.  

Answer 4

your source is mistaken.

the emails are property of the company on the basis of having found their way onto their networks, and by being part of legitimate work product.

as to whether a court will accept them into evidence or not, that depends entirely on the rules of evidence, not that they are email.

even if they are admitted, either side is free to rebut the contents or their provenance.

Answer 5

You were told wrong.  Emails belong to the company.  

Answer 6

Yes its possible for them to use it in court. If its a company's e-mail address it is not your personal property.

Answer 7

Emails like any other document can used as evidence in court cases, hence the statement at the bottom of all company emails concerning recipients and their data security responsibility.

Be aware that any comments or views you express via company email may be taken as the view of the company, and can often lead to disciplinary proceedings if their is a negative impact on the business.

It's a legal minefield, so be very careful what you send and always keep copies.

Answer 8

your source is a dilwad.

The emails belong to the company.  That is pretty public knowledge.  They have used emails in courts 1000's of times.

Answer 9

Why would an internal e-mail involved in an internal grievance have to pass the same standard as evidence in a court of law? In that situation, the company can give it as much or as little weight as it chooses to.

Should it be going to a court, it has as much standing as the user can provide as proof of it's validity; server information and IP addressing can show it may well be valid and admisable.

Answer 10

because an email is a type of communitation they can use and email to a certian extent but not always it happenes that way just relax n be cool

Answer 11

You don’t say which country you are in. but in the UK and the rest of Europe it may be illegal. Remember, laws are made in parliament but interpreted by the courts. Which is why this, as in so many other laws, is a grey area.

The reason I say it may be illegal is a recent case in the European Court of Human Rights. A woman was awarded £6,000 against the college she worked for because of surveillance including reading of emails between herself and another employee concerning a disciplinary matter. Presumably they were using the companies email addresses and infrastructure. Legal experts are claiming the ruling prevents employers from spying on staff.

Answer 12

Even though this isn't along the same lines as you describe,who and how do they use emails and such places as MySpace to make arrests for people trying to commit crimes ? Remember Virginia  Tech and those who attempt to assassinate political figures? I am sure those emails and records are used in court.

Answer 13

If it's done on a company computer, or if it's the company's email address, they have rights to it.