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Related Attorney: Andrew S. Berns

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Unfortunately, it often takes years for statutory and case law to catch up with changes in technology. However, it remains a privacy issue and asking an employee for a password may not be lawful. While there may not be an answer to this problem now, there is no doubt that it will be litigated. If you chose to request this information from prospective or current employees, you may make headlines…as a party in a state or federal lawsuit.

Lawsuits are initiated by filing a complaint with the court in the county where the action is most appropriate. In certain circumstances, you may have the option or be required to file the action in Federal Court. In New Jersey Superior Court, civil lawsuits are initiated by filing the complaint along with a $200 filing fee.

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