This “invasion of privacy” question is the lynchpin of a new lawsuit from two former employees of one of the largest beer companies in the world. The complaint (available here), which began in state court, has been removed to federal court in New Jersey.
David Gialanella, reporting for the New Jersey Law Journal (full article here), summarizes the facts of the case:
A year ago, five company employees, including Nascimento and Yule, exchanged a series of text messages, apparently disparaging fellow employee Alex Davis. The messages were transmitted using their personal mobile phones, and on their own time, but Nascimento’s personal phone was linked to his company iPad through the iMessaging application, causing the messages to be stored on the iPad, according to the complaint.
Afterward, Nascimento was issued a new iPad, while the old one—with his text messages and credit card information still stored on it—was loaned to Davis. Davis discovered the text messages and complained, after which Nascimento, Yule and the others were questioned by investigators hired by Anheuser-Busch, according to the complaint.
Nascimento, Yule and a third employee involved in the messaging were terminated last September for “‘violation of corporate policy regarding use of company equipment,’” while a fourth was reprimanded, according to the complaint.