Employee Privacy & E-Mail

In a recent Massachusetts case, employees sued their employer for invasion of privacy after their supervisor read their electronic mail. Using a special password, the supervisor accessed the employees' E-mail and discovered unflattering remarks about himself. Both employees were fired three days later. The employees asserted that they had a reasonable expectation of privacy in their electronic mail and with that their employer fired them because of the contents of their E-mail.

Why This Is Important . . . This demonstrates the importance of adopting an E-mail policy. Whether or not an employer intends to access employee E-mail, the employer should put its employees on notice that there is no guarantee of privacy in E-mail, that the employer maintains the right to monitor E-mail and the employees should conduct themselves accordingly.

New Standard Affects Office Building Space Measurement

BOMA has released a new floor measurement standard. Many office leases use the BOMA standard to measure office space and calculate rent and operating expenses. Under the old BOMA standard, office space was measured in terms of the tenant’s proportional share of the common area amenities located on its floor. The new standard measures space over the whole building, dividing the common areas among all the tenants rather than a floor-by-floor basis.

Why This Is Important . . . The new standard is fairer to commercial tenants with leases that use the BOMA standard. If a commercial lease uses the BOMA standard, the basis for CAM charges has been changed and can result in a lower number.

No 93A Liability Where Conduct Was Outside Massachusetts

A Massachusetts company sued for breach of a distributorship agreement by an Illinois distributor. The Illinois company counterclaimed for violation of Massachusetts’ Chapter 93A, the Unfair and Deceptive Practices Act. The court dismissed the counterclaim because the conduct alleged to have violated Chapter 93A did not occur "substantially and primarily" within Massachusetts. While some performance of the contract occurred in Massachusetts, the relationship of the parties centered on the distribution of products in the Midwest.

Why This Is Important . . . Whether Chapter 93A, under which the winner can get three times his or her damages, applies to a dispute will often depend on whether the conduct took place primarily in Massachusetts.

Internet Use Policy

The Internet is becoming an important source of information, marketing and E-Mail for many companies. Unfortunately, it can also be a productivity drain and cause harassment issues. Active Nicolai Law Group clients have received a memorandum with a model internet use policy.