La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Personal correspondence received at the workplace; Cass. Company, July 11 2012, No. 11-22.972, D
In the same spirit as for the employee's computer files, the correspondence received by the employee at the workplace is presumed to be of a professional nature.
If an employee can receive mail at his or her place of work, the mail is presumed to have a professional character, so that the employer is entitled to open it outside the presence of the person concerned. But, as with the opening of computer files, the only restriction is that they should not be identified as personal.
Also, if the envelopes of letters received by an employee do not contain any mention identifying them as personal or confidential, they may be regularly opened by the employer, who may then use them as evidence.
It should be noted that in this judgment, the High Court disregards the character of the fundamental freedom of correspondence, which is part of the intimacy of private life and which, as such, must be respected at the same time and place of work.
Lawyer Grégory DAMY Nice labour law