Email-"E" is for evidence

Do employees in your organization know how to send email? Of course they know how to physically send a message. But have you ever taught them what should- and, more importantly, should not- be included in emails?

The "E" in email stands for eternal evidence and it doesn't go away! Here are a couple of examples of real email mistakes that cost employers big in court, including managers who included these words in their email:

• "We would like to accommodate you, but we're not set up for blind people." (an $8 Million verdict!)
• "I don't care about the FMLA, shmeflma!" (a $650,000 verdict!)
• "I'm sick of always have to accommodate her."

Corporate emails are a "treasure trove of evidence" in employment law court cases. More than 107 trillion emails were sent in 2010 alone and business people spend about 25% of their workdays on email. This constantly changing online environment is creating a legal minefield for U.S. employers. Employers are required to place a "litigation hold" on destroying any email once they become aware that a legal claim may be coming.

Think about it- how much training or time is spent with your middle management or upper management talking about the information that is contained in interoffice emails? Employees should have no expectation of privacy with emails- NONE! And you should make that perfectly clear with every employee- salaried or hourly. Here are 3 myths commonly held by employees concerning emails:

1. It's my e-mail, with my name on it, so you can't search it.

Employer response: A simply stated email policy puts you on notice of the employer's rights and defeats your reasonable expectation of privacy.

  2.  It's my own personal password and personal folders, not the Company's.

Employers response: True, but they are being transmitted on the company's network, therefore, it is property of the employer.

   3. I own my own computer and bring it to work.

Employer response: The computer was being used for work-related purposes and therefore you have no reasonable expectation of privacy.

Employees need to realize that "they're always creating legal documents with the creation of each new email. HR should teach employees to approach email based on these three guiding principles"

1. Start all emails by asking yourself, "Does this need to be in writing?" If not, pick up the phone or walk down the hall.
2. If you can't say it in person, don't email it.
3. Write every email like it's going to be read to a jury... because it just may be!

Comment back and let me know of any "mistakes" that you know have been made with your company emails, and how you solved the problems.

Bobby Bland PWCA, CIC
Vice President
Commercial Risk Service