May 7, 2010
You're Never Too Small For An E-Mail Policy
You're Never Too Small For An E-Mail Policy Cliff Ennico www.creators.com "I know you're not a big fan of e-mail, but we're a small Internet auction company and we really couldn't live without it. We have three employees who all work from laptop stations in our office. What are some of the things we need to tell our employees to make sure they don't abuse e-mail and get us into trouble? Do we need to have a formal, written e-mail policy?" Like it or not, e-mail is fast becoming the life blood of communications in America. It's convenient, it's fast, and it's a lot easier to get right down to business without a lot of socializing "small talk". It's also a lot easier to get into hot water, though, precisely because it's so fast and direct. Any business with at least two employees should have an e-mail policy. Whether or not you pay a lawyer to draft one up (the cost should be in the $500 to $1,000 range, depending on where your business is located) is up to you, but I think it's a good idea. You would give a copy of the policy to each of your employees, and get them to sign a receipt acknowledging that they have read it and understand it. Most employers would also call a meeting of the employees at which you or your lawyer would "walk them through" the policy and answer any questions they may have. Even if you don't want to create a "formal" e-mail policy, it's still a good idea to sit down with your employees at least once a year and explain what they can and can't do when using your company's laptops, personal computers and other equipment to send e-mail or text messages. Here are some of the things your policy should include, whether written or not: Employees are required to disclose all passwords and security codes to you, and are forbidden to change them without your knowledge. Employees are also prohibited from disclosing passwords to people outside the organization without your permission. Employees are required to use e-mail for business communications only - no chatting with buyers on eBay or socializing on MySpace (unless of course that's an essential part of your business). E-mail communications should be strictly prohibited if they are intended: to gain knowledge of the affairs of others, with no business purpose for obtaining the information; to send messages or prepare information that contains racial, ethnic, or sexual comments, or if they contain remarks which may be considered derogatory or libelous regarding co-workers, customers, competitors, or others; to use the systems for any purpose detrimental to your business (for example, sending confidential information to a competitor); to send messages containing information that is restricted by government security laws or regulations; to copy or send documents or software in violation of copyright laws; to forward messages without a legitimate business purpose under circumstances likely to lead to embarrassment of the sender or to violate the expressed desire of the sender to restrict additional dissemination; to review or retain messages received which appear to be misaddressed; to send chain letters, cartoons or other communications not directly related to your business; to provide access to former employees; to conduct job searches; and to access or distribute any illegal material. If you plan to monitor your employees' e-mail correspondence, be sure to tell them in advance you plan to do that. If you plan to "back up" e-mail files on a regular basis (and you absolutely should, in case you are ever sued and the plaintiff's attorneys demand copies of all electronic files relating to the dispute), tell your employees and warn them that even "deleted" e-mail messages can be retrieved using software that is easily available on the market. Finally, you should consider limiting your employees' e-mail communications to 25 words or less, with a requirement that any longer messages be reviewed by an immediate supervisor before transmission. The longer the message, the more likely the sender will say something stupid, insensitive, emotional, ill-considered or inaccurate that will land you and your company in legal hot water. I know I'm in the minority here, but I still believe that the more important a message is, the more you should consider sending it in a manner other than e-mail. As a famous diplomat once said, "one should never put something in writing if one can say it, and one should never say something if one can nod one's head." Cliff Ennico ( cennico@legalcareer.com is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest books are 'Small Business Survival Guide' (Adams Media, $12.95) and 'The eBay Seller's Tax and Legal Answer Book' (AMACOM, $19.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2007 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com.

Posted by Staff at 1:49 AM