Prevent Your Work Email From Getting You In Trouble
In a society of Wikileaks, hackers and companies monitoring internal and external correspondence, your work email can not, and must not, be considered private.
Although the previous statement seems glaringly obvious, it is amazing how often individuals use their work emails in risky and personally detrimental ways. Doing so can be compared to reality t.v. All the participants know that their actions are not private but they proceed to carry on as if the public is not watching.
The problem is twofold. First, we think of email, including our work email, as something that belongs to us. After all, in most cases, it has our name on it. Secondly, we think we probably will not be caught. After all, how many companies are actually monitoring all email correspondence that takes place either internally or externally.
Risky behaviour includes: applying for jobs by sending a resume from your work email account or your personal email account on your work device; communicating about, or arranging to, have a sexual relationship with a colleague; gossiping about colleagues or supervisors or distributing company information including customer lists and trade secrets outside the office.
Clearly, the final behaviour should not occur at all. In the other situations assuming that intra-office dating is not against company policy the best practice is to send personal emails from your own device about anything you consider personal. In other words, if you do not want your boss or your colleagues to know about the words or situation, do not send an email from your work account.
If you receive a complaint about a situation, the immediate response might be to fire off a mea culpa email apologizing for the behaviour. Doing so, might be problematic in that you may be admitting to behaviour or a situation that you later wish to explain, qualify or deny. This is especially important from a legal perspective where admitting a particular version of the facts could create a legal liability. It is a better practice to advise the person making the complaint that you will look into the situation and get back to them. This allows you time to review the facts and ascertain an appropriate solution.
Finally, never email angry. That premise should also be expanded to never send an emotional email from your work account. Before hitting "send" it is best to take a moment and consider whether you would want your boss, your priest or your child to read the particular email. How would you feel if this email was published in a newspaper. If you would want to clarify wording or change the tone it is better to do so prior to sending the email than to wish you could later.
When dealing with work emails it is best to assuming that it privacy does not exist and the email will be read by more than the recipient. Take the few extra moments of thought and implement few changes to your habits to prevent regrettable situations.
The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.
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