July Bits-N-Bytes

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HR Bytes
By Roger Bishop

EMPLOYEE EMAIL

Some companies believe there is no problem with employees using company email to communicate personally with each other and friends.

Companies are finding however, employees also send jokes, stories, pictures and threats via the Company email.  These broad categories can include pornography and unflattering comments. 

Employers need to insure that their personnel policies are clear that such content is grounds for immediate discipline up to and including termination.  Also, remember to communicate to all employees and document that the new or revised policies are in effect.

SOMETHING FOR THE ATTORNEY

As a result of numerous lawsuits involving employee and executive email, an amendment to the Federal Rules of Civil Procedure became effective December 1, 2006.  The amendment requires employers to provide access of email records to attorneys of the plaintiff even before a discovery request has been made.

Representatives of the parties must meet within 120 days after a complaint has been served.  The parties must disclose to each other “a copy of, or a description by category and location of, all documents, electronically stored information and tangible things that are in the possession, custody or control of the party and that the disclosing party may use to support its claims or defenses”.  (Rule 26(a)(1)(B).

This is a good time to review your Company policy on computer use and remind employees that the Company has the right to review computer and email use to ensure that it is being used only for Company business.

Roger Bishop S.P.H.R., has over 35 years of Human Resources experience with fortune 100 corporations as well as small entrepreneur companies. Roger can be reached at roger@myappliedhumanresources.com