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Attorney Client Privilege and Email

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My friend “Agnes” has received several written warnings about being 1 or 2 minutes late returning from breaks. Then, she was copied on an email from HR to the corporate attorney about the issue, asking the attorney to click on a link if he approved of termination in this case. When she asked HR to clarify, they said that she was sent the email by mistake and that it was protected by attorney-client privilege. She was told to delete the email. What should she do now?

Agnes would be well within her rights to print out a copy of this email, or forward it to her personal email account, or both, before deleting it.  

Attorney-client privilege applies to communications between the HR department and the corporate attorney. However, when the HR department accidentally sent this email to Agnes, they voluntarily disclosed this information – even if it was by mistake.

To put it another way, Agnes can’t force the company to reveal their private conversations with the attorney. But, once they have, to coin a phrase, “that cat can’t be put back in the bag.”

This email is interesting in another way, because it shows that the HR department has some doubts about whether the supervisor is acting in an appropriate – or legal – way.

It’s possible that the supervisor is trying to create a reason to terminate Agnes. That might be perfectly legal, as long as it was not in retaliation for any previous discrimination complaints, and as long as all the employees are being treated the same way, as discussed in this question.

This answer is meant for informational purposes only, and does not constitute legal advice. The parties should consult an attorney for specific legal advice about this matter.