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Bourke v. Nissan Motor Corp., No. B068705 (Cal. Ct. App., July 26, 1993), was a California court case in which the Second Appellate District Court of the California Courts of Appeal upheld the original decision of the trial court in favor of the defendant, Nissan Motor Corporation, against the charges of the plaintiffs, who alleged wrongful termination, invasion of privacy, and violation of their constitutional right to privacy, under the California constitution, in connection with Nissan's retrieval, printing, and reading of E-mail messages authored by plaintiffs.

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  • Bourke v. Nissan Motor Co. (en)
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  • Bourke v. Nissan Motor Corp., No. B068705 (Cal. Ct. App., July 26, 1993), was a California court case in which the Second Appellate District Court of the California Courts of Appeal upheld the original decision of the trial court in favor of the defendant, Nissan Motor Corporation, against the charges of the plaintiffs, who alleged wrongful termination, invasion of privacy, and violation of their constitutional right to privacy, under the California constitution, in connection with Nissan's retrieval, printing, and reading of E-mail messages authored by plaintiffs. (en)
name
  • Bourke v. Nissan Motor Co. (en)
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subsequent actions
  • none (en)
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court
full name
  • Bonita P. Bourke et al., v. Nissan Motor Corporation in U.S.A. (en)
judges
  • Douglas A. McKee (en)
has abstract
  • Bourke v. Nissan Motor Corp., No. B068705 (Cal. Ct. App., July 26, 1993), was a California court case in which the Second Appellate District Court of the California Courts of Appeal upheld the original decision of the trial court in favor of the defendant, Nissan Motor Corporation, against the charges of the plaintiffs, who alleged wrongful termination, invasion of privacy, and violation of their constitutional right to privacy, under the California constitution, in connection with Nissan's retrieval, printing, and reading of E-mail messages authored by plaintiffs. The court ruled that the employer had a right to monitor an employee's E-mail and to terminate employees for sending E-mail of a personal, sexual nature. California's Wiretap and privacy laws did not protect employees from employer monitoring. The Court of Appeal designated this opinion "Not to be published" and it was not reported in the typical opinion reporters. (en)
date decided
opinions
  • The court ruled that plaintiffs had no reasonable expectation of privacy, and therefore employer had right to monitor employee's E-mail and to terminate employees for using company E-mail system for personal use. (en)
prior actions
  • Bourke v. Nissan Motor Co., No. YC-003979 (en)
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