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Email – Test Your Legal IQ Email is a fast and efficient way to communicate. Used effectively, email enhances productivity. Used inappropriately, email can cause serious legal harm. What you say in email can come back to haunt you. Think of email as a permanent public record that cannot be deleted or shredded. Before you hit the send button on email, it’s important to be aware of the legal issues and boundaries of what is OK, or not OK. (1) Forwarding jokes is OK? Not OK? My opinion: It depends. Does the joke have any racial, ethnic, religious or sexual content that could be offensive to the recipient? If so, it could be harassment. (2) Responding to a survey request online is OK? Not OK? My opinion: It depends. Do you know who is actually requesting the information? Could it be a ruse to obtain your confidential information and perhaps compromise your identity? If so, you could be a victim of identity theft. (3) Responding to an email from a prospective client and providing pricing information is OK? Not OK? My opinion: It depends. Is it really a prospective client or a competitor trying to obtain confidential pricing or other information? If so, you are giving confidential information to a competitor. (4) Responding to an email that appears to be from your financial institution, but looks a little odd is OK? Not OK? My opinion: Not OK. Do not respond to an odd email even if it looks like it comes from a recognized source. Print out the email and pick up the phone and call. Your financial information may have been penetrated by unauthorized sources. (5) Emailing back and forth with a vendor or supplier about the scope and terms of a project is OK? Not OK? My opinion: It depends. Emails can create legally binding contracts. If your email would change the scope or price of services, you will want to confirm this in clear and thoughtful language and not in a rushed email. (6) Shopping online from your employer’s email system during break times is OK? Not OK? My opinion: It depends. Some employers allow limited use of the company’s computer system for personal matters. (7) Responding to “Instant Messages” (“IM”) from friends, family members or project team members is OK? Not OK? My opinion: It depends. Limiting “IM” responses to only those that are really time critical is recommended. Answering business questions on the fly is risky. (8) Emailing a co-worker about after work activities or a romantic relationship is OK? Not OK? My opinion: It depends. While email is convenient since it reduces phone tag, it’s not always the most appropriate way to handle communication. Mixing romance and the workplace is risky and email can leave a trail that can be construed as harassment. (9) Storing private email in my personal, password-protected directory is OK? Not OK? My opinion: Probably not OK. There’s no right to privacy in an employer’s email system. Use your personal email account for any communications that you want to keep private from an employer. (10) Responding to a company-wide email with a “reply to all” that the information in the company’s email is incorrect is OK? Not OK? My opinion: It depends. A “reply to all” message can be disruptive and grounds for termination. But employers cannot forbid employees from discussing by email the conditions of their employment. Certain email communications are “protected, concerted activity” under the National Labor Relations Act.” If you answered OK to any of the above scenarios, you need to think carefully about the possible legal consequences of your email. Jean D. Sifleet, Esq. CPA P.S. For more information on the legal perils of email, Email Use at Work - Rules of the Road, an ebooklet co-authored by Susan Joyce, Mary Casey and Jean Sifleet (SMJ Enterprises), is available online for $39.95 eNews
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