Employers Need e-policies to Cover e-media
by Francesca Cheroutes
Electronic communication offers employers speed and round-the-clock access to vendors, suppliers, their fellow employees, their clients and customers. However, electronic communication can also be the basis for litigation.
Employees have alleged that electronic communications have created discriminatory or hostile work environments, and employers allege that electronic communications have been used to divulge trade secrets and proprietary information. Employees have even verbally attacked employers, coworkers and competitors in ways that can land their employers in hot water.
Why should this worry me and my company?
The answer is simple; 68 percent of employees have sent or received inappropriate e-mail at work, 24 percent of employers have been served with subpoenas to produce employee e-mail, and 15 percent of companies surveyed have been engaged in litigation triggered by employee e-mail. As a result, more employers are proactively addressing and even terminating employees for improper and offensive use of electronic communication.
What needs to be in the policy?
An effective electronic communication policy should address appropriate e-mail usage, including acceptable content and the protection of confidential and proprietary information; advise employees that they have no expectation of privacy in company provided computers and e-mail accounts; establish the company’s right to monitor compliance with the policy; and remind employees to respect their coworkers, the company and its competitors. The policy should apply not only to e-mails your employees send, but should also advise your employees how to respond to inappropriate e-mails they may receive.
So, we’ve got a policy, what now?
The policy should be given to employees, who should acknowledge receiving the policy in writing. When examining employees’ privacy rights, many courts have used company e-mail policies to determine the employer’s right to search employee e-mail. By disseminating the policy, the employer advises employees that the company does not allow improper use of e-mail and other electronic media; provides a basis for disciplining policy violations; and reminds employees that they have little or no legitimate expectation of privacy in company-owned e-mail accounts. The company should also follow up and periodically remind employees of the policy.
What else do I need to worry about?
Your company should consider a comprehensive “Electronic Communication – Acceptable Use Policy” which addresses the parameters for use of electronic devices and communication in your workplace. Such a policy should address whether your company will allow employee internet access from work; define acceptable internet usage; define acceptable websites; specify and/or block unacceptable websites; inform employees that internet usage is monitored (if the company decides to do so); and encourage employees to report offensive internet usage. A comprehensive policy should also address emerging technologies such as instant messaging, blogging and even iPod usage, all of which have caused headaches for employers.
Anything else?
A comprehensive electronic communication policy should address safe usage of cell phones, Blackberries, and other PDA devices by discussing use of hands-free devices (your company may also consider providing these devices), and use while driving or performing other tasks requiring an employee’s full attention. Remind employees to comply with local laws while traveling. Huge verdicts have been rendered against companies whose employees have caused accidents while using company-provided cell phones. If your company culture requires employees to be available 24 hours a day, enforcement of these policies is essential.
Francesca Cheroutes is Labor and Employment attorney at Shughart Thomson & Kilroy. P.C.
P | 816.374.0589
E | fcheroutes@stklaw.com