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STENGART v. LOVING CARE AGENCY, INC.

No. A-3506-08T1

973 A.2d 390 (2009)

408 N.J. Super. 54

Marina STENGART, Plaintiff-Appellant, v. LOVING CARE AGENCY, INC., Steve Vella, Robert Creamer, Lorena Lockey, Robert Fusco, and LCA Holdings Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 2009.

Attorney(s) appearing for the Case

Donald P. Jacobs, Short Hills, argued the cause for appellant (Budd Larner, P.C., attorneys; Mr. Jacobs and Allen L. Harris, on the brief).

Lynne Anne Anderson, Newark, argued the cause for respondents (Sills Cummis & Gross, P.C., attorneys; Ms. Anderson, of counsel; Jerrold J. Wohlgemuth, on the brief).

Before Judges FISHER, C.L. MINIMAN and BAXTER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we address whether workplace regulations converted an employee's emails with her attorney-sent through the employee's personal, password-protected, web-based email account, but via her employer's computer — into the employer's property. Finding that the policies undergirding the attorney-client privilege substantially outweigh the employer's interest in enforcement of its unilaterally...

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