The employer wasn't convinced so it sought some discovery. In particular, the employer wanted a forensic computer examiner to check out the employee's home computer for signs of porn in her Internet history and email. Mission accomplished! - the trial court granted just such an order.
Not so fast! The appeals court reversed (technically, it threatened the trial court with a writ of mandamus if it didn't vacate), holding that the employer was required to set forth its search methodology and the examiner's credentials. The trial court should also have considered a protective order and been "sensitive to the highly intrusive nature of computer storage search."
HT: Internet Cases - and Heather Bussing via colorful tweet.