Practical Steps To Avoid Employees Suits For Surveillance

Although there is no way to completely insulate a company from suits by an employee who is under surveillance, employers may consider one or more of the following suggestions: · Integrate e-mail and other policies. An employer's e-mail policy could be integrated with the company's harassment and non-discrimination policies. If so, the policy should make clear that e-mail communications will be treated as any other business communication and that use of the e-mail systems to engage in communications that are in violation of company policy -- including transmitting defamatory, offensive or harassing messages -- is explicitly prohibited. · Limit use of technology to business purposes only. Electronic communications could be referenced expressly in any lists of "company property." Employees should be notified that all technology, including e-mail and access to the Internet, is provided by the company to assist employees in carrying out the company' business purposes. Explicitly state that employees who use company property -- including e-mail, telephones and Internet access, --for personal use is in violation of company policy and are subject to disciplinary action. · Reserve right to review and monitor. To advance the argument that monitoring is appropriate, employees should be notified that the employer will treat all messages sent, received, or stored in the e-mail system as business messages, which the company is entitled to review, monitor, and disclose. The company should warn employees that if they make incidental use of the e-mail system to transmit personal messages, such messages will be treated no differently from other messages; that is, the company reserves the right to access, review, monitor, or disclose such messages. The policy should state explicitly that employees should not use company e-mail to send or to receive any messages that they wish to remain private. In addition, employers should notify employees that even though their files may be protected by passwords, such passwords do not prevent system administrators and other authorized employees from accessing messages for business purposes. · Include notice and consent language. Include in the policy language that by using the company's electronic communications systems, the employee is, in effect, aware of and will be covered by the policy. In addition, by using the e-mail system, the employee expressly consents to the company's review and monitoring of e-mail messages as outlined in the policy. · Strictly define appropriate Internet use. When employees are permitted access to Internet sites, provide guidelines regarding its use. For example, an employer's policy may provide that employees may access the Internet only through the employer's approved Internet access procedures. In addition, an employer may wish to restrict or to prohibit subscribing to public mail forums, discussion groups, and the like. A company must determine and incorporate guidelines for an employee's failure to comply with its Internet and e-mail policies, or the policies are useless. Determine the penalties for specific policy violations, communicate them to the employees, and then enforce them consistently. Employers may wish to obtain an acknowledgment that the employee received the policy and that the employee intends to comply.