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ARTICLE · 03 MAY 2011

E-Mails Between Client And Attorney Are Not Privileged Communications When Sent On Employee's Work E-Mail Account

Thoits, Love, Hershberger & McLean
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Gina Holmes sued her employer, Petrovich Development Company, and Paul Petrovich for sexual harassment, constructive termination, violation of the right to privacy and intentional infliction of emotional distress.

United StatesEmployment and HR
Jeffrey Snyder
Jeffrey Snyder
Erin McDermit
Erin McDermit

Gina Holmes sued her employer, Petrovich Development Company, and Paul Petrovich for sexual harassment, constructive termination, violation of the right to privacy and intentional infliction of emotional distress. She was the executive assistant to the CEO for about two months when she let him know she was pregnant. After that, according to Holmes, life at work became so miserable that she quit and filed a lawsuit. The case, Holmes v. Petrovich Development Co. (2011) (Cal. Ct. App. 3d Dist., Sacramento C059133, filed January 13, 2011) has very interesting facts and is a must-read for all HR professionals. The actual case is here.

The focal point of the case was Holmes' use of the company e-mail account to communicate with her attorney, and the court's treatment of that e-mail as unprotected by the attorney-client privilege.

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