NFIB

How to Set Employee Internet and Email Policies Without Becoming "Big Brother," Part I
04/ 09/ 2002

Few employers or managers enjoy playing Big Brother when it comes to monitoring employees' use of Internet and email at work. But many employees abuse the privilege--spending time browsing the Web for personal interest, playing online games or sending and receiving personal or inappropriate e-mail. In today's Workshop, Jeffrey Moses discusses various liabilities employers may have regarding employee email.

When employees use the Internet and email for personal reasons the entire team's productivity is reduced, which costs a company money. Therefore, it's important for employers to set guidelines for usage.

When employees send emails from their company computers, the company's name or logo is often attached to the message, and the company may be liable for any such communication. These could include the communication associated with trade secrets, criminal activities, personal defamation or images that could lead to sexual harassment lawsuits. For these reasons, it is vital that employers either monitor Internet and email usage or set firm policies prohibiting or limiting such usage.

Pornographic images that are downloaded from the Internet can present a special problem to employers. If circulated via internal email, or if sent to individuals outside the company, these images can result in sexual harassment lawsuits, with the company very much at risk. Also, the downloading of copyrighted material is a risk to employers, as the transmission of such material can be the basis for copyright infringement lawsuits.

For these reasons companies should design all internal and external email so that it includes employee names, titles and departments. This can help minimize unauthorized messages and reduce the transmittal of pornographic or copyrighted materials.

Some industries routinely set up software enabling direct monitoring of all employee computer activities, including Internet and email usage. It is estimated that more than 75 percent of all employees in the banking, insurance and brokerage industries are directly monitored. Employers need to take care not to violate the privacy rights of employees. Generally, employees should be told about monitoring policies when they are hired, and they should be asked to sign a form acknowledging they were notified.

When setting up any type of monitoring system within a company, attorneys should be consulted. Laws are still vague on this subject. And the courts are torn between maintaining individual privacy and free speech rights and protecting companies from liability due to unauthorized employee communications. Signed waivers, as described in the previous point, have been found most effective in the cases that have gone to court.

In next week's Workshop, Jeffrey Moses discusses proven ways to discourage employee Internet and email abuse.

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