orporate Internet use is growing exponentially. There are employee email systems in companies all around the United States. In fact, these systems are quickly becoming the water-coolers of yesteryear where employees would gather, spread the latest gossip and gripe about the boss and the company. However, employee use of an internal email system without the proper guidance and monitoring by the company can expose the company to liability.

How can an employer escape, or at least minimize the liability that can come from the improper use of the company email system? Unfortunately, there are no hard and fast legal answers. But there are some basic procedures set out below that may minimize company liability.

THE POLICY

The first thing to do is to determine what uses are acceptable. Are the employees to use the system only for work-related matters, or are some limited personal matters okay? Don't let this decision be made by default. If the email system is solely to be used for work-related matters, that must be made absolutely clear in the policy. If personal use is allowed, basic guidelines should be drafted so that the employees know just what is an acceptable personal use of the system. Employees should also be made aware as to whom the policy applies. A clear, concise, well-thought-out policy is the best protection. Any employer who wants a new or re-drafted policy should consult an attorney who is familiar with the applicable laws.

PUBLISH

Next, educate the employees on those purposes and make sure every employee sees the policy. It should be posted in any employee area. Hard-paper copies should be distributed to all employees. Send a recurring message that opens every few times the employee accesses the email system. The key is making sure that every employee gets the policy.

What if Bob, the QA guy, emails Jim that the latest shipment of widgets was just sent and, by the way, Jenny in accounts is a babe. If the boss does not want the email system used this way, he has to let Bob know. Publish the policy everywhere. It is imperative that the employees know exactly what's expected of them.

CONSENT

Consent can greatly reduce company liability. Once you have published the company policy, have every employee sign a consent form that states he or she have read the company policy and agree to abide to its contents. Then put each consent form in the respective employee's file. If the employee abuses it and is fired for that abuse, the employer then can point to the consent form as proof that the employee had knowledge of the policy and violated it anyway. This voids the "I didn't know" defense. While this may seem simple, it can be highly effective.

ENFORCEMENT

Enforcement is key to the successful implementation of any policy. Enforcement must be done in a balanced, non-arbitrary manner, and as unbiasedly as possible. One way of making sure messages sent by employees fall within the parameters of acceptable usage is to let the employees know that their email can and will be monitored and that all messages are the property of the employer. Additionally, let the employees know that their messages may be distributed to third parties without the employees' consent.

Remember, any discipline must be done discreetly. In the same way that employees have made it difficult to write recommendation letters that won't subject writer to libel suits, not keeping employee discipline discrete can open up the employer to potential suits as well. An ounce of discretion is worth a pound of attorney's fees.

The most important idea to keep in mind is that, without a well-publicized policy, the chances for the company to be held liable are greatly enhanced. Each company should consult an attorney for help. But do not delay. The days of employees huddling around the water-cooler are being replaced by technological advances that can expose the company to significant monetary damages. It is best if the company goes into the 21st Century with as much protection as possible.

The McMurtry Law Firm focuses on the representation of privately held business in employment law, litigation, general business law, international trade law, real estate law, and intellectual property. The authors can be reached for a free consultation on this or any other topic at 1-800-638-5338.

EDOCService Impact Marketing

There are two main approaches to marketing your business: The Direct Marketing approach and the Indirect Marketing approach.

EDOCService Effective Marketing Approach

Effective Marketing results from selecting an affordable balance between the two main marketing approaches with measured results.

The EDOCService Four-Step Marketing Program

The 80/20 rule says 80% won't buy - we break the rules!

EDOCService, Inc.

www.edocservice.com · (513) 829-7101 · Fax (513) 829-5866