E-MAIL PRIVACY AT WORK

Are the e-mails you send from work private?  Are your internet searches from work private?  Does your employer have a right to look at your personal e-mails sent from work and to monitor the websites you visit?

Assume that you have no e-mail or internet privacy while at work.  Most employers have an "Electronic Media Policy" which gives the employer the right to monitor their employees' email and internet usage.  Do you really want your employer to know your weekend plans or what you did at your friend's party?  Even if your employer does not have the written policy in effect, most courts seem to hold that an employee who uses an employer provided computer or other electronic media device at work does not have the same "expectation of privacy" that they would have in their personal life.

Employees really don't want their employers looking into their personal lives uninvited.  If the employee makes a claim or complaint against their employer, the employer's electronic media policies often allow an employer to go back once they have been sued by an employee and look at the employees old emails and web surfing history to find evidence to use against the employee. This can include emails from the employee to their attorney or other communications that the employee might otherwise have kept private.  This type of "after acquired evidence" is admissible in lawsuits and can severely limit the damages a wrongfully treated employee will receive from their employer.

It is better to not conduct your personal life on the company computer or electronic devices, and do not communicate with your attorney on company email or the company computer, especially if that communication relates to a potential lawsuit against your employer.

I’m attorney Eric Rudolph with Your Legal Buzz.

WHAT TO DO WHEN PULLED OVER BY THE POLICE

How do you deal with a police officer during a routine traffic stop?

A traffic stop can be stressful and scary. This is what you need to know to protect your rights and improve your odds of driving away safely.

The most important thing to remember when you are pulled over by a police officer is to remain calm and keep your cool.

If a police officer flags you down, pull over immediately, turn off your car, put your keys on the dashboard, and place your hands on the steering wheel. Police like to see your hands for their own safety -- so wait until they request your license and registration before reaching for them. If you’re pulled over at night, it’s also a good idea to turn on the car’s interior light, so the officer can see you're not armed and that you are calm.

Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How may I help you?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with the police is stupid and dangerous. You can't win that game!  If the officer asks you questions, keep your responses short and speak slowly.  If the officer is all business and does not want to hear what you have to say, remain quiet.  When the officer requests your license and registration, slowly reach to the location where they are kept, slowly give them to the officer and place your hands back on the steering wheel.

If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.

Being pulled over can be very scary, but if you play your cards right, you can keep it short and simple and not make matters worse than they already are.

I'm attorney Eric Rudolph with Your Legal Buzz!

JURY DUTY

We have all received that notice that we have to report for jury duty.  But we all want to get out of it.  If you are summoned to jury duty, do you have to respond?

If you are summoned for jury duty you have to respond. If you fail to respond to a jury summons, you can be held in contempt of court, you can be fined or imprisoned or both. If you cannot serve on the summons date, however, ask for a postponement to a more convenient time. You are entitled to one postponement. You might be excused from jury duty if such service would cause “undue hardship” for you. Also, if you do not meet the eligibility requirements for jury service or you are a peace officer or under a conservatorship, contact your local jury office - you might be disqualified or temporarily excused from service. Whatever your circumstances, however, do not ignore the jury summons.

Why would a judge excuse some people from jury duty and not others?

Judges have the right to excuse prospective jurors for a variety of reasons. The prospective juror may have:

• An immediate family members related to someone involved in the case.
• A financial interest in the case.
• A felony conviction, prejudice or bias or an opinion regarding the outcome of the case.
• The judge may also excuse a potential juror if service on the jury would cause undue hardship.

Judges may use their discretion.

And remember an employer is required to give an employee time off for jury duty. It is against the law for an employer to fire or harass you for reporting to jury duty as long as you have given the employer reasonable notice. If this occurs, notify your local jury office or the judge assigned to your trial. There are also laws allowing students to be excused from classes to fulfill their jury service.

I'm Attorney Eric Rudolph, with Your Legal Buzz!

SWIMMING POOL LIABILITY

Your swimming pool can offer fun and a welcome break from the desert heat. But your pool can be dangerous, too. You need to avoid tragedy—and liability—this season by keeping your pool safe.

Drowning leads to hundreds of deaths and many more injuries in California each year. Children under 10 accounted for many of these deaths and more than half of the injuries. Swimming pool accidents are tragic, but they are preventable if you take "reasonable precautions."

If you own or rent a home with a pool, you must carefully supervise swimmers, especially children.  Make sure you keep your pool equipment in good working condition.  And provide barriers to prevent unsupervised use of the pool. If you don't take such "reasonable" precautions, you may be sued for any deaths or injuries that result—even if the injured person didn't have permission to use your pool.
Supervision is vital. Watch your kids at all times—drowning can occur in a frighteningly short time. It's important to keep adults in line too. Don't allow your guests to run near the pool, make unsafe dives, or swim while intoxicated. Make sure no one, young or old, swims alone.

Maintaining your pool is also important. Uneven paving or unusually slippery surfaces, broken lifesaving equipment, damaged ladders and slides, or broken or ineffective fences or pool covers can all be dangerous. Contaminated water can lead to illness—make sure you are using the right amount of chemicals, and that you keep your pool clean. It's particularly important to take children on regular bathroom breaks and check diapers regularly.

Barriers such as fences and safety covers play an important role in preventing accidental drowning, especially in young children. Most children who drowned were last seen in the house, patio, or yard before finding their way into the pool. Effective barriers or alarms go a long way toward preventing these injuries and deaths. Because barriers are so helpful, the California Health & Safety Code requires that newly-built or remodeled private pools have certain safety features, such as a fences, door or pool alarms, or safety pool covers.

These are good guideline to what "reasonable" precautions may mean. Adding them can keep your family, guests and neighbors safe, and protect you from costly lawsuits.