10.2190/E3JA-XKTQ-TX71-QHT1 E3JAXKTQTX71QHT1 27 Employee E-Mail: A Protected Right to Privacy 27 37 20020509 20020509 20020509 20020509 E3JAXKTQTX71QHT1.pdf http://baywood.metapress.com/link.asp?target=contribution&id=E3JAXKTQTX71QHT1 1 Brandy L. Scott This article examines the constitutional, statutory, and common law protection given to employee e-mail that is either transmitted or stored on the employer's communication system. The article looks at the protection given to employee e-mail by the U.S. Constitution, a number of federal and state statutes, and recent court decisions and it provides a policy exemplar for companies to consider. While the law is not fully settled, rarely have employee e-mail communications been accorded protection under concepts of privacy.