Opinion for stengart v loving care agency, inc, 973 a2d 390, 408 nj super 54 — brought to you by free law project, a non-profit dedicated to creating high quality open legal information. Doe v xyc corporation 2005 wl 3527015 (nj super app div 2005) opinion date: december 27, 2005 business law e-mail employer-employee internet pornography—an employer may have liability to a person whose nude pictures are transmitted by an employee over the employer’s office internet connection using the employer’s equipment. Plaintiff jane doe, on behalf of her minor daughter jill doe, appeals from a summary judgment dismissing her complaint against defendant xyc corporation that sought to hold defendant responsible for the activities of one of its employees (employee) who was jane’s husband and the stepfather of jill.
Jane doe individually and as g/a/l for jill doe, a minor, plaintiff-appellant, v xyc corporation, defendant-respondent decided: december 27, 2005 before judges conley, weissbard and sapp-petersonkevin kovacs, bedminster, argued the cause for appellant (purcell, ries, shannon, mulcahy & o'neill, attorneys mr kovacs, on the brief.
Torts crimes internet usage policy proposal 3 from white collar crime of from business mgt 320-5 at colorado state university find study resources main menu by school the case of doe v xyc corp is an example of the employer’s liability. Doe v frank, 951 f2d at 322 federal courts have permitted plaintiffs to proceed anonymously, however, in exceptional cases where a substantial privacy interest outweighs the customary presumption of openness in judicial proceedings doe v frank, 951 f2d at 323 doe v stegall, 653 f2d 180 (5th cir1981) lindsey v. Concerning the internet, the policy stated that employees were permitted to “access sites, which are of a business nature only” and provided that: any employees who discover a violation of this policy shall notify personnel.
Important information regarding monitoring employee communications and computer usage francine breckenridge doe v xyc corp (nj sup ct app div 2005) employee privacy: important information regarding monitoring employee communications and computer usage. Plaintiff jane doe (jane), on behalf of her minor daughter jill doe (jill), appeals from a summary judgment dismissing her complaint against defendant xyc corporation which sought to hold defendant responsible for the activities of one of its employees (employee) who was jane's husband and the stepfather of jill.
By ann benedetto stevens i n a case with potential national implications, a new jersey court workplace computer to access child pornography doe v xyc corporation, 382 nj super 122 (app div 2005) the court also held that an employer is required to report the employee’s activities to the proper in its analysis, the court also.
A recent case in new jersey, doe v xyc corp , alerts employers to a new and troubling legal concern: the application of workplace torts to illegal employee internet use these torts include negligent retention, defamation and malicious prosecution. The xyc corporation case may be the beginning of a trend in which other courts adopt a similar analysis in situations involving serious public policy issues such as child pornography or child abuse[fn2] the case also highlights the risk that third parties can sue employers for the criminal acts of their employees.
Our subsequent analysis of the ruling in doe v xyc corp [doe v xyc corp, 382 nj super 122, 887 a2d 1156 (2005)] illustrates that those businesses that do assert their rights to monitor may assume a duty to report child pornography to the authorities, as well as a duty of reasonable care when reacting to their employees engaging in so-called cybertorts. 17 xyc corp negligently, carelessly, with reckless indifference and or intentionally breached its aforesaid duty 18 as a direct and proximate cause of xyc corp's breach of duty, employee was able to continue clandestinely photographing and molesting jill doe resulting in jill doe suffering severe and permanent harm. Business law e-mail employer-employee internet pornography—an employer may have liability to a person whose nude pictures are transmitted by an employee over the employer’s office internet connection using the employer’s equipment.