Drafting Internet and E-mail Use Policies

Drafting Internet and E-mail Use Policies email policy Adoption of a well drafted e-mail and internet use policy is an important step employers can take to reduce the risk of liability for sexual and racial harassment. Liability for violations of intellectual property law can also be imposed on corporations because of the actions of its employees, and this risk can also be decreased by the use of such a policy. This article will address some of the issues which should be addressed in formulating an e-mail and internet use policy for the employees of company.

The specifics of a company policy should be derived from the needs of the industry and the work habits and desires of the employees. Blind adoption of boilerplate language may lead to problems with enforcement, erode the value of having such a policy, and cause unhappiness in employees. The employees should be asked to participate in the formulation of a policy, and they should be required to acknowledge in writing that they have received a copy of the policy and read the policy.

The level of monitoring is a crucial aspect which should be addressed in an e-mail policy. There are many reasons an employer should consider monitoring employee e-mail. Computers breed a sense of invulnerability in people, and things are written in e-mail that would not be said in person or in writing. Employees tend to think that no one will know who said what, or that it is no big deal, because it is only an e-mail, and employees may mistakenly think that e-mail is easy to hide or erase. Making employees aware of a monitoring policy can deter inappropriate use of e-mail and help avoid liability for racial or sexual harassment. E- mail monitoring can also help the employer determine if its employees are respecting the intellectual property of the company. That said, overly aggressive e-mail monitoring is usually not economically feasible and creates an Orwellian environment for employees.

Although it is possible to screen e-mail for inappropriate words, an employee who is determined to harass someone using a company e-mail system can easily do so without triggering the monitoring program. In general, it is best to inform employees that their e-mail may be monitored at any time. Promising that a particular standard will be applied is difficult to enforce and may lead to claims of breach of contract. In practice many companies may want to conduct random checks buttressed by specific investigation when warranted by allegations of misconduct.

The purposes for which e-mail may be used must also be addressed in an e-mail policy. If an employer allows personal use, steps should be taken to prevent employees from disclosing confidential information to unauthorized persons. The flip side is also a potential problem, where employees receiving information from other parties leads to liability for copyright infringement. At a minimum, the downloading of computer files should be addressed in the policy because such use can infect a company system with viruses and or compromise confidential information.

E-mail is a fertile source of proof in civil lawsuits. Anything ever written by any employee in an e-mail is potentially discoverable in a court of law. E-mail, even if erased or not sent, can be recoverable. Employees should therefore be aware that e-mail is in some ways a much more permanent record than paper. If your employees do not understand that e-mail is not the place for off-the-cuff ranting and blowing off steam, then the company faces a potential disaster when trying to defend itself in court.

Lastly, e-mail policies should track the other policies which exist within the company. The e-mail policy should reference the non-discrimination policies of the firm, make clear that the computers and e-mail system are company property, and be consistent company policy regarding personal use of company property.

Internet usage presents similar problems for employers. While the internet is a valuable tool which can be used to increase productivity it can also lead to copyright infringement, sexual harassment claims, computer viruses, and disclosure of confidential company information. Moreover, some employees will waste an inordinate amount of time on non-business matters while connected to the internet. Here again, the challenge is to formulate a reasonable plan which does not alienate employees yet protects the company from liability.