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Straight from SHRM: E is for evidence when it comes to email

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in Employment Law,Human Resources

LAS VEGAS—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 email?

"The 'e' in email stands for eternal evidence and it doesn’t go away," said HR Specialist: Employment Law contributor and attorney Mindy Chapman, speaking Monday at the Society for Human Resource Management (SHRM) conference.

Chapman gave examples of real-life email blunders that cost employers big in court, including managers who included these beauties 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!"
  • "I’m sick of always having to accommodate her."

Chapman said corporate emails are "a treasure trove of evidence" in employment law court cases. More than 107 trillion emails were sent in 2010 and business people spend about 25% of their workdays on email.

The constantly changing online environment is creating a legal minefield for U.S. employers. Rely on HR Specialist: Employment Law to keep you in the know and out of court. Learn More...

Employers are required to place a “litigation hold” on destroying any email once they become aware that a legal claim may be coming.

When Chapman asked the packed room how many train employees on the proper use of email, very few raised their hands. Yet more than half said they’ve disciplined employees for improper use of email.

"Employees should have no expectation of privacy with email—none. And you should make that clear," said Chapman. She cited these common myths held by employees:

Myth #1: It’s my e-mail, with my name on it, so you can’t search it. Employer response: Our e-mail policy puts you on notice of our rights to search and defeats your reasonable expectation of privacy.

Myth #2: It’s my own personal password and personal folders, not the company’s. Employer response: But, they were transmitted over OUR network!

Myth #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.

It seems like every day, employers have new regulations and laws to follow. Many seem like traps rather than laws. It’s hard to hear about these cases without wishing you had a personal lawyer to sort it all out for you.

Obviously, you’re not about to make every workplace decision with an attorney whispering into your ear! But you can have HR Specialist: Employment Law on your side. To answer your questions. To cut through the “legalese.” To give you reliable, legally authoritative opinions on the treacherous legal maze that awaits you every day. Learn How...

What can you do about it?

Chapman says employees need to realize that "they’re always creating legal documents" with the creation of each new email. She said 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, don't email it.

3. Write every email like it's going to be read to a jury … because it just may be.

Get more authoritative, actionable advice from Mindy in each issue of HR Specialist: Employment Law.

cover imageWe make sure that HR Specialist: Employment Law is easy to read and free of legal jargon. Everything you need to know about relevant legal developments is at your fingertips: Recent cases. Legal strategies used against employers. Mistakes employers often make. New court rulings – and what they mean to you.

Added Bonus: Want instant access to the nation’s top HR attorneys? HR Specialist: Employment Law plugs you into the Employment Lawyer Network – our unique list of leading legal minds from around the country. See the sample issue for your roster of A-list firms and attorneys...

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