Legal Research

The court also found that there were jury issues on the
plaintiffs? privacy and public policy claims. The New
Jersey Supreme Court has held that New Jersey
employees have a right of privacy in the workplace. That
right of privacy extends to any areas in which employees
have a ?reasonable expectation? of privacy, i.e., to areas
where it is reasonable to assume that the employer will
not have access. In Pietrylo, the District Court ruled that
there was an issue of fact as to whether the plaintiffs, as
members of the MySpace group, had a reasonable
expectation that no one outside the invited group would
ever gain access. The court recognized that any member
of the group could lawfully reveal the contents of the
MySpace page to any other person. The court reasoned,
however, that a jury must decide whether it was
reasonable to assume that others would gain access to
group through duress. Since the court found a factual
issue on duress, it also found a factual issue on whether
the company violated the plaintiffs? right of privacy.