If an employer’s email system is hosted by a third party site, once the employee resigns does the employer have the right to request the password to shut down the email?

Does it come down to a matter of who created the email address?

Asked on July 16, 2015 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If it is the "employer's email system"--that is, they provided or paid for it--then they can shut down any emails on it at will. If it was the employee's private email (employee set-up it, paid for it [as applicable] etc.), then they can't--it belongs to the employee. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.