How an E-mail Policy Sets a Tone and Helps Reduce Liability
Who doesn’t use e-mail at work these days? While electronic technology is a boon to businesses, it also presents unique challenges and problems.
Another way to put it: Employee transmitted e-mails can ultimately pose a risk for employers, especially for those who find themselves in court.
As a preventive measure, employers should implement an e-mail policy that addresses the company’s electronic mail systems and those employees who create, send or receive messages.
In addition to the above, a policy helps employers set a tone. In your policy, you can remind employees of their individual responsibilities; and emphasize that everyone is expected to be careful when sending messages using company-owned electronic equipment. Your policy should also include consequences for policy violations.
While no policy will cure or prevent all employee missteps, a well-developed and well-communicated e-mail policy will help employees understand their roles and responsibilities. As many e-mailers sooner or later learn, when that “Send” button is hit—especially in hasty or careless moments—messages can have repercussions. Some are more serious than others and can cause liability issues for the employer. E-mails can even be deemed relevant to a lawsuit or an investigation.
As a practical alternative, I recommend that when employees need to discuss sensitive issues with someone, they either pick up the phone or meet with him/her face-to-face.
So when employers have an e-mail policy in place, it serves to put employees on notice that there should be no expectation of privacy in information transmitted while using company equipment or resources on company time. This clarity, too, helps some employees who operate under the misassumption that e-mails sent from their worksite computers are private and even protected by law, understand they are not.
How will an e-mail policy help an employer? To answer that, we have to keep in mind that anything your employees share in an e-mail (electronic) format is “discoverable,” meaning that information can be part of a legal proceeding for gathering evidence in a lawsuit. And, in some cases, employers have legal rights to review or monitor employee e-mails.
Also, a policy can help employees who may be misguided. They may believe that work e-mail privacy rights are almost “inherited” or guaranteed. This is a mistaken conclusion and may possibly stem from assuming that e-mail privacy rights for employees fall under the same regulations and laws that apply to the U.S. Postal Service, which is not the case.
What, then, should be included in an e-mail policy? First of all, a company policy should reference, in addition to e-mail systems, all electronic transmitting devices, such as those used for texting, faxing and voice mail—anything that is company property. For this reason, and other risk management concerns, employers should have a comprehensive electronic communications policy in place.
As a final note, employers should also provide employees with a policy acknowledgement form or agreement. This document will contain verbiage stating that the employee has read and understands the company’s policy. Once the employee has read, signed and dated the acknowledgement, employers should give the employee a copy for his or her records, as well.
Note: This Insight is intended as general information only. Employers are encouraged to seek legal counsel whenever developing or reviewing employee policies.