IS YOUR E-MAIL TECHNOLOGY HURTING YOU?

In recent years almost all businesses have established electronic mail systems (e-mail) for high efficiency communications. E-mail technology may present legal issues for the employer. For example, can the employer monitor the employee's use of e-mail? Can an employer limit an employee' s use of e-mail? What liability does the employer have for employee's restricted or unrestricted use of e-mail?

Federal and state statutes, such as the Electronic Communication Privacy Act of 1986, restrict the employer' s ability to monitor an employee's e-mail communications. Generally, many of the statutes provide that the standard to determine whether an Employer can monitor Employee's e-mail communications within the business is whether the employee has a privacy right in the item to be monitored.

Notwithstanding this privacy right, an Employer has the right to limit the use of company e-mail systems by its Employees to business communications only. As such, employers are establishing corporate policies to restrict the sending and receipt of non-business e-mail communications by their Employees.

These policies contain provisions such as:

1. Notice to the Employee that E-Mail, both internal office and external communications, is restricted for business use only.
2. Notice to the Employee that non-business E-Mail is prohibited from being sent or received.
3. Notice to the employee that an e-mail of a sexual, obscene, harassing, defamatory or discriminatory nature or in violation of the laws is strictly prohibited.
4. Informing the Employee that company owned computer systems will be monitored for improper personal use.
5. Informing the Employee that a violation of the e-mail policy will result in immediate disciplinary action.
6. Policies restricting the use of and permitting monitoring of Employee e-mail can help protect the Employer from liability for improper use by the Employee.

Note, this discussion is of general in nature and should not be relied upon as a legal opinion in establishing an e-mail communication policy. As always, an attorney should be consulted to assure that the policies adopted comport with the law and provide the maximum protection to the Employer.