A Cautionary Tale About An Overzealous Investigation Of Computer Misconduct

Employers often assume they are empowered to exercise broad discretion when investigating employee computer misconduct, especially when employees are suspected of using company emails or computers to engage in the misconduct. However, employers should be aware of potential liability that could arise from their digital investigations and monitoring of employee computer and email use.

A recent case from the Georgia Court of Appeals illustrates the potential pitfalls of an overzealous investigation. The Court's ruling in Patel v. Duke Hospitality, LLC. et. al. demonstrates that employers should think twice before they go digging for information in their employees' personal emails, even if an employee inadvertently provides access to a personal email account by accessing it from a company computer, as this could open the employer up to liability.¹