TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

MARCH 2007: THE DOS AND DON'TS OF OFFICE EMAIL

The world changing invention known as electronic mail has primarily been viewed by society at large as a blessing. This is particularly so in the workplace environment where email is considered by employees as a time saving tool. However, email has become so commonplace as a mode of communication in our society that people forget it is a written record of your thoughts, feelings and actions. With regard to employees, most anyway, what they do not realize is that while they are sitting at their computers or on the commuter train using their Blackberrys they are also creating a paper trail that can be used against them as leverage or to justify a termination.

Although my experience tells me that it is slowly starting to sink in to the collective employee consciousness that they need to be extremely careful when using email at the office, there are still enough employees out there exposing their careers to risk through their cavalier attitude that they need to be reminded of this danger. The first and most obvious lesson is that you should never use your work email address for personal communications without the outside world. More and more employers have strict policies against using email for personal reasons and the larger companies may even be monitoring your email, and likely your web site, usage. There is no right to privacy with regard to your work email address or your work computer and anything you use them for is open to inspection by the company. Second, and a corollary to the first lesson, no matter how close a friend, how cool or hip you may think your boss, colleagues or work environments are, do not use your email to send them pornography, dirty jokes or other tactless or offensive emails. The best relationships at work can turn quickly and these types of activities, which no one complained about when they happened, can come back to haunt you when someone needs to get fired or there is not enough money in the bonus pool to go around. Third, think about what you are writing carefully, read your email before you send it and use proper grammar and punctuation. An email is no different than a letter sent through the mail and is highly susceptible to misunderstandings and miscommunication regardless of how man LOLs, ALL CAPS and smiley faces you use to express emotion. You should take as much care in writing one as you would in sending a letter to a friend or family member as you never know who may be reading it, and for what purpose, in the future.

Email is not all bad however. In fact, email can be extremely beneficial to an employee who uses it correctly. For example, executives and managers also use email and are as likely to be frivolous with their email communications as any one else. They are usually in a rush and forget that they are writing for posterity. They may make statements in an email about compensation, performance or job security that later could come back to help you negotiate a fair transition package if your relationship with your employer turns sour. In addition, employees at all levels can use email to gain greater rewards at work and confirm conversations that are beneficial. For example, your boss tells you half way through the year during a meeting that your bonus will be double what it was last year. A prudent employee would probably wait a few days and then send an email to their boss to say thank you for putting their mind at rest about their bonus compensation increasing from the prior year. Most likely your boss will not respond which, in essence, is the same as agreeing to what you wrote. You then have evidence of the conversation with regard to your bonus should your boss change his/her mind at the time it is to be paid. Remember, a verbal conversation is easily denied or reconstructed. An email, electronically dated and time stamped, stands on its own merit.

The essence of this Monthly Tip is simply to think before your write. With this simple rule you will reduce the likelihood of mistaken communications and thereby enhance the quality of your employment relationship and protect your career.

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.