TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

NOVEMBER 2009: THE COMPANY COMPUTER IS NOT YOURS *

As this issue continues to regularly arise, I thought it would make sense to re-publish the July 2008 Monthly Tip again.

As discussed in Monthly Tips for March 2007 and May 2008, employees do not have a privacy right or property interest in their personal email addresses and therefore they are subject to monitoring and search by your employer without notice or warning to you. This is also true of your work computer (both desktop and laptop) and PDAs. As such, you must be extremely careful about the information you store, the websites you visit and the files you download at work.

The obvious way to avoid any complications is to refrain from using your work computer for anything but work. I understand that, for a variety of reasons, this may be easier said then done. However, if you are not careful you expose your self to disciplinary action or termination, as most companies today have clear policies regarding the appropriate use of their computers and networks.

If you decide to use your company computer for personal issues then please keep in mind the following advice:

(i) Stay away form controversial topics in emails and on websites as more and more companies are monitoring such traffic.
(ii) Do not search for a job or keep your resume or cover letters on your work computer.
(iii) Do not store personal information you would not want the company to know about such as tax and investment information.
(iv) Keep in mind that most companies have back up systems so even if you put something on your computer and delete it later the company may still have a record of it.
(v) If you are going to resign or you become aware that your termination is imminent, please make sure you clean up your work-station and delete all the personal information and emails that you may have stored. Do not, however, delete any company information or property.

I keep on coming back to these topics because in the age of computers, emails and easy access to an abundant amount of information employees are extremely vulnerable to losing their employment and damaging their careers over what at first blush might be harmless or unintentional errors in judgment.

Next Month’s Tip: WRONGFUL TERMINATION: DOES IT REALLLY EXIST AS A LEGAL CLAIM?

Monthly Tip Archive

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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.