TIMEKEEPING SYSTEMS, INC.: PROTECTING EMPLOYEE EXPRESSION BY E-MAIL UNDER SECTIONS 7 AND 8 OF THE NATIONAL LABOR RELATIONS ACT

SHARLENE A. MCEVOY

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DOI: 10.2190/WHGJ-AW2B-HW14-AFHN

Abstract

The protection employees have when they use their employer's electronic mail system has been studied repeatedly in this and many other academic and professional journals. Most of the studies have agreed with a concept put forth in a previous issue of this journal: "While the law is not fully settled, rarely have employee e-mail communications been accorded protection under concepts of privacy" [1, p. 27]. Employees, however, have been discharged over their use of e-mail in the workplace, and this article explores the use of sections 7 and 8 of the National Labor Relations Act as a weapon to protect against such discharges.

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