Policy Needed When E-Mail Communications Used
More and more, these days, E-mail systems are becoming the communications medium of choice at many firms. Even smaller companies with just a handful of computer terminals are finding that customers and vendors, as well as employees like the convenience of E-mail communication. E-mail, or Electronic mail, is an electronic system of communicating messages and information from one computer to another through telephone lines and a device called a modem. An E-mail user has an e-mail address and can send and receive messages to others who have a similar set-up on their computer.
With a computer on nearly every desktop these days, E-mail has become a convenient form of communication. E-mail is used to place orders, check order status, and communicate about pending jobs. For many individuals, this form of communication is now second nature.
But, this frequent use of E-mail has also lead to some problems. For example, it is just as easy to use the company E-mail system to communicate with spouse or friends about non-work matters. Or, how about a dirty joke or suggestive message to the cute young thing in the next cubicle? Now, you see how easy such casual communication can slip into the realm of sexual harassment. In the past few years, more and more claim of sexual harassment have involved use of a company's E-mail system.
So, what is an employer to do? When the employer tries to regulate E-mail use after permitting such banter to go unchecked, employees can become quite upset. Employee complaints that, "you're invading my privacy," are a common employee reaction.
In reality, however, the courts generally have held that an employee's expectation of privacy gives way to the employer's prerogative to control and monitor use of company computers and company communications systems. The key to preventing disputes - and to minimizing liability from potential legal claims - is to have a clearly defined policy regarding use of the company's E-mail system. Here are some issues to consider.
It is important to identify that the E-mail system at work is a company communication system, operating on company equipment on company time and company premises. The system should be used for business communication. Personal communication should be kept to a minimum or even prohibited.
E-mail communications must be business-like using proper grammar. Any use of swearing, or other inappropriate remarks such as sexual, racial, or other slurs should be prohibited.
The use of E-mail to transmit jokes, pornography or other inappropriate graphic material should be strictly prohibited.
E-mail users should be cautioned against opening any attached files from unknown senders. Open attachments only from individuals you know to prevent the likelihood of an unwanted virus being introduced into the company computer system.
Prohibit use of the E-mail system for any non-job related form of selling, solicitation or dissemination of information. Employees should not be conducting personal business or secondary employment on the company E-mail system during the workday.
Remind employees that E-mail communications are not private communication. Further, indicate that the company may monitor and access E-mail messages as needed to insure that company computers and the E-mail system are working properly.
It can also be useful to advise employees that E-mail messages - including deleted messages- can be retrieved and used as evidence in legal proceedings; for this reason, E-mail communications must be proper and business-like.
The firm's E-mail policy should be a written policy which is given to every employee with a signed acknowledgment received back for file. It is also advisable that a brief message appear at log-on reminding the E-mail user to comply with the company policy.
At the time of first introduction of your E-mail policy, you may have an employee complaining about privacy invasion. But the bottom line (and my recommended reply) is really this: "You are on the job, being paid by the company to do work for the company, using a company computer with a company communications system, so what is the question?"
William S. Hubbartt is president of Hubbartt & Associates, a St. Charles, IL consulting firm specializing in employee compensation, employee handbooks, personnel policies and supervisory training. (www.Hubbartt.com) Mr. Hubbartt is author of The New Battle Over Workplace Privacy, published by AMACOM Books.
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