Re: Opening someone elses mail

More | Report Post

On 8/02/04, Shelly Lamb wrote:
> Is it a Federal Crime to open mail not addressed to you
but
> delivered to your address?

Does anyone know the Code this refers to?

I have a related issue. See below

I read your posting on Findlaw regarding Workplace Privacy
and Employer opening Employee mail. I have a workplace
privacy issue regarding the company opening mail sent to my
business address with my name on it. The mail in question
was mail sent to me at my place of employment because the
sender wanted to correspond some information to me in
regards to my position at work. This was not personal mail
that I requested be sent to me at my workplace. It was
intended only for me and it was clearly labeled with my name
at the receiving person. The company seems to think they
have the right to open all employee US mail prior to
distributing it to the employees. I believe this violates
my privacy in the workplace and that it is a federal
violation to do so.

I feel my privacy rights as an employee have been violated.
I have researched some information regarding USPS mail
privacy in the workplace. I wanted to share what I have
found with you. I would appreciate any information you can
give me including any court cases that you may have found
that set precedence on this issue. Maybe by combining our
research together we can find enough law that will help in
our situation.

I have found one court case that I believe covers my
concerns regarding privacy it is Vernars v. Young

“In Vernars v. Young, the Third Circuit Court of Appeals
stated that
private individuals, in their place of work, "have a
reasonable
expectation that their personal mail will not be opened and
read by
unauthorized persons."

This does point out that if someone is authorized they may
open it. The employer does need to prove that the person
opening the employee’s mail is authorized to do so.

The critical issues in determining employer tort liability
for mail interception are:
1. Whether employees have an objectively reasonable
expectation of privacy in such communications.
2. Whether employers have legitimate business reasons for
the intrusions.
3. Whether there was a design to obstruct the
correspondences, or to pry into the business or secrets of
another, or opens, secretes, embezzles, or destroys the same.
4. Whether the person obstructing the correspondences was
authorized to do so?
5. Whether there was a procedure in place and followed to
protect the employee’s privacy from being violated, and
their US mail from being pilfered.

Notes for #1
The Employer has never advised employees of this policy. In
fact the security investigation admitted that they did not
even know of this policy and he spent two days trying to
find information to verify this policy. They still say the
policy is not written anywhere but they checked with their
lawyer and he informed them that the corporation has the
right to open any mail with their address on it that arrives
in their postal box regardless of whether it addressed to an
individual within the company. According to their lawyer the
only mail protected would be something that said private or
confidential.
Since there was neither knowledge nor any communication of
the Companys policy I feel I had an objectively reasonable
expectation of privacy in such communications.

Notes for #2
Security told me that the standard practice of opening mail
is for the reason that accounting is looking for billing
information so they can pay bills incurred without sending
the bill to the manager then waiting for the manager to open
it and give it back to them. I asked why they felt that any
mail addressed to me would be a bill. I have never received
a bill nor am I a manager authorized to make a bill.
Therefore I feel they had no legitimate business reason to
open my mail.

Notes #3
I was also concerned that this could have been confidential
information sent to me. I I have been expecting some
communication from the corporation regarding a grievance I
filed with the corporate office. This was in regards to me
being wrongfully stripped of my seniority. The mail also
could have been confidential information regarding my 401 K
plan or my Mecial Benefits including my private
information. No one other than myself has the right to view
such personal information.
Security has investigated this for 3 days and still can not
prove who opened my mail or even who delivered my mail.
Someone had to have delivered it on that day and it would be
very difficult for someone to forget a legal size envelope
that they had to be folded in 3rds to fit into my box.
Someone is covering up the facts because there was a
malicious intent of opening my mail to pry into my personal
business. If it was a mistake then why didn't someone just
admit to it. Some one knows the truth and is hiding it to
protect themselves from being caught prying into my personal
buisness which is a clear violation of Section 1702.

Notes #4
Vernars vs. Young established that an authorized person may
open mail. My evidence proves that the Company does not
have an authorized agent assigned to opening mail. There is
no established procedure to protect the employee’s privacy
and or to protect from theft or malicious prying into
personal business.

Authority to obstruction of correspondence.

My point is that even though I disagree with this invasion
of privacy shouldn't there be procedures in place and
authorized people who can verify what was in the mail.
Furthermore, if the mail is opened then placed in my mail
box in the open status anyone of my coworkers can look at
the information without my knowledge.
Even attorneys (such as Venable, LLC in In Vernars v.
Young) say that only a court can decide based on the facts
of these cases if anyone overstepped their authority where
this is concerned.

Notes #5
There was no procedure in place. The director of Security
admits there is no standard procedure and admits that he did
not even have knowledge to the policy or procedure. He has
been investigating this policy for three days and not until
the third day when they called the Companys lawyer did they
answer me regarding this policy. The answer was that there
is a legal right of the Company to do this. I asked for
this policy in writing and was told it is not in writing it
is just their legal right.
I am still searching for a case that upholds the federal
postal code laws specifically US CODE Section 18 subsection
1702.

End of notes

I am still searching for a case that upholds the federal
postal code laws specifically US CODE Section 18 subsection
1702. (See next paragraph)

US CODE: Title 18 USC § 1702. Obstruction of correspondence

Whoever takes any letter, postal card, or package out of any
post office or any authorized depository for mail matter, or
from any letter or mail carrier, or which has been in any
post office or authorized depository, or in the custody of
any letter or mail carrier, before it has been delivered to
the person to whom it was directed, with design to obstruct
the correspondence, or to pry into the business or secrets
of another, or opens, secretes, embezzles, or destroys the
same, shall be fined under this title or imprisoned not more
than five years, or both.
According to law firm Venable, LLP the issue is officially
governed in
this manner:

“Federal law prohibits an employer or anyone else, from
taking mail
addressed to another before it has been delivered to the
addressee,
"with design to obstruct the correspondence, or pry into the
business
or secrets of another." 18 U.S.C. § 1702. Violations carry
penalties
of fines up to $2,000, imprisonment up to five years, or
both. Id.”
VENABLE LLP

If you have any information that you may have found,
specifically any case law that sets precedence regarding US
Code 1702 above or any decision in your situation I would
love to hear it.

Thank you for your assistance.