Email Communications in the Workplace

E-mail has become the most common form of electronic communication. Although an employer’s network may facilitate electronic communications between/among employees, customers and vendors, the store and forward capabilities of e-mail communications which allow re-editing and redistribution can create special problems for the employer. As a result, the employer may be well served to enact an "E-Mail Policy." Such a policy should set forth a code of conduct that will facilitate productivity and discourage conduct that, otherwise, will disrupt the flow of work and/or may subject the employer to potential liability exposure.

Public Communication. The policy should alert employees that the content of their e-mail messages and attachments is public in nature. The messages, theoretically, may be read by others than the intended recipient, including the employer, anyone to whom the message is forwarded, anyone to whom has been granted proxy rights and to eavesdroppers, whether now or in the future.

Access For Business. The policy should address which employees will have access to e-mail and whether that access is internally only or externally via the internet as well. Perhaps only managers and/or their support staff will need to have access to e-mail for business purposes rather than all personnel.

External E-Mail Responsibilities. Employees with external e-mail rights should be charged with the responsibility of ensuring that sensitive business information is not sent by e-mail, and that should be documented in the policy. These employees should additionally be charged with ensuring that their e-mail messages are being sent to the proper address of the intended party. Employers may also want to impose upon these employees the requirement to keep a printed copy of the out-going message and any attachments having the date and time of the transmittal recorded on the printed copy.

Ownership/Privacy Rights. The policy should advise employees that the communications hardware and software systems as well as all electronic files are the property of the employer. Additionally, the policy should state that all employees waive any right to privacy in their out-going or in-coming e-mail messages and that they consent to allow access to and examination of their messages by personnel authorized to do so by the employer. The employer may also want to notify its employees in the policy that it will periodically delete all of its’ electronic copies of the e-mail messages. That event, however, does not prevent the message from continuing to reside in other users’ mailboxes or non-emptied "trash."

Content of Messages/Attachments/Internet. The policy should set forth the guidelines for what will be deemed acceptable content to be included in e-mail messages. The messages should be clearly written, contain appropriate grammar and complete sentences. The messages should not include acronyms, abbreviations, "codes" or special syntax unique to the users which may be misconstrued. The messages and/or attachments should not include any vulgar, obscene, sarcastic, exaggerated or untrue comments, references or "hyper-links" to such web-sites. The messages and/or attachments should not contain any messages, pictures, or computer files which are sexually suggestive, insulting, discriminatory, harassing, illegal, fraudulent and/or destructive.

Distribution. Depending on the number of e-mail uses at the employer’s operations, the employer may want to enact guidelines for the appropriate dissemination of information in the workplace. Such guidelines should serve to eliminate the, otherwise, needless disruptions of work caused by the receipt of the less-than-useful e-mail i.e., employee messages concerning the sale of a car, candy or cosmetics as well as "cute" stories or messages. Otherwise, the guidelines could address that such non-business messages be restricted to being only posted on an internal e-mail "Employee Bulletin Board," but only after having received supervisory approval and with guidelines that the messages will be "deleted" at regular intervals ie., every two weeks.

The guidelines should address when is it appropriate to send messages to "all users" of the network versus using customized e-mail distribution lists. The guidelines should address when it is appropriate to use the "Notify" or "High Priority" features when sending messages rather than the "Normal" delivery system. The guidelines should also address that it is usually appropriate to send messages to the receiver’s "In Box" where the message can be retrieved at the recipient’s convenience without any disruption to the recipient’s flow of work.

Message Retrieval. The policy should address that employees are required to "check" their "In Box" at regular intervals throughout the day so as to facilitate, not impede, business communications.

Limited Access for Personal Use. The employer may allow personnel to use the employer’s e-mail and/or internet for personal use but only during breaks, lunch periods, after business hours and/or with prior supervisory approval. In any event, the e-mail policy should advise the employees that the system cannot be used to solicit, promote or advance anything of a personal or general nature or for a private, political, religious cause or personal gain, whether financial or otherwise.

Discipline. The policy should advise employees that the employer will investigate any alleged abuses of its computer, network and/or communication equipment. This may require the employer to access electronic information stored on its network, on individual computers and/or discs. The policy should state that if a use is found to be in violation of the employer’s policy, the employer will take appropriate disciplinary action including termination.

Disclaimers. Because messages over external e-mail may be exposed to electronic eavesdropping and/or alteration, employers may desire to program their external e-mail transmission to include a disclaimer. The disclaimer would notify recipients of the communication that any sensitive information sent by e-mail cannot be fully protected and should be sent by other means if public knowledge of the information could harm the individual/entity.

The discovery of inappropriate materials which were disseminated in the workplace and stored on employees’ computers, has been used as "evidence" against the employer in employment cases. Consequently, employers may be better able to defend such claims where a comprehensive e-mail policy is in place and enforced.

Posted 10/22/01