Garrity v. John Hancock Mutual Life Ins. Co.

2002 U.S. Dist. Lexis 8343 (2002)

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Nature of the Case

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Facts

Nancy Garrity and Joanne Clark (Ps) were employees of D for twelve and two years, respectively, until their termination in July of 1999. Ps regularly received on their office computers, sexually explicit e-mails from internet joke sites and other third parties, including Mrs. Garrity's husband, which they then sent to coworkers. These facts are undisputed: A fellow employee complained after receiving one such e-mail. D promptly commenced an investigation of Ps' e-mail folders, as well as the folders of those with whom they e-mailed on a regular basis. D determined that Ps had violated its E-Mail Policy. D periodically reminded its employees that it was their responsibility to know and understand the e-mail policy. D warned them of several incidents in which employees were disciplined for violations. Ds were fired, and Ps sued for invasion of privacy. Ps asserted that the e-mail policy is almost impossible to locate on D's intranet system, and even harder to decipher. In addition, they contend that the reminders sent by D during employment did not accurately communicate its e-mail policy. Ps also assert that D led them to believe that these personal e-mails could be kept private with the use of personal passwords and e-mail folders. Their complaint sets forth claims based on invasion of privacy, unlawful interception of wire communications, wrongful discharge in violation of public policy, wrongful discharge to deprive Ps of benefits, and defamation. D filed a Motion for Summary Judgment on all counts.