Avery & Associates

 

 

Office email: Watch out for Yourself!

Byline by:  Carrie Schwerin

Stephen A. Avery, CPA

Many companies provide personal use of email and internet access to employees as a company perk. Without realizing the implications of privacy issues, costly and timely lawsuits have been brought against employers. Although courts have sided with the employer in the majority of cases, potential problems can be prevented. By establishing a company policy and clearly communicating it to employees, consent is verified between the employee and employer regarding personal usage of email and internet browsing. To make sure you are on the right track, follow these tips:

  1. If possible, talk to employees to get their input.
  2. Weigh your options. Decide on what makes you most comfortable, and stays consistent with the type of work environment you want to provide.
  3. Write the policy. There are books, software, and websites to help you. www.fairmeasures.com/privacy.html has helpful information and products available to purchase.
  4. prof.findlaw.com/privacy provides sample policy statements or see Stephen A. Avery, CPA’s policy here.

    Policies can range from a few paragraphs to a few pages. You should include what type of policy it Is, "business only" or "reasonable personal and business," what is considered to be reasonable, what type of monitoring will or could occur, who can monitor, under what circumstances will monitoring be done, how information will be stored, and who has access to it. It is important to note that employers should have a legitimate business purpose to read emails and intend to have minimal intrusions into employee privacy. Employers should make it aware to employees of what he/she feels is a legitimate business reason to intrude. The key is to inform employees.

  5. Give notice to employees. Send an email.
  6. Pass out a written copy to all employees. It always helps to have them sign it, but it is not necessary.

Tips for employees:

  1. Ask questions. What is considered reasonable, appropriate, and allowed usage?
  2. If you are uncomfortable or do not know exactly what is allowed, restrict yourself to only use email and the internet for business purposes.
  3. Use common sense about sites your visiting, information sent in emails, and to whom and what your emailing.

Email and internet usage does not have to be an unclear and uncomfortable situation in the office. Writing policies can be intimidating especially for small businesses. As part of management services, Stephen A. Avery, CPA can help assist you. Just remember to make yourself clear as an employer as to what you expect from employees, and employees, if you would not send a copy to everyone in the office, then do not have it on your computer.

Disclaimer: This information is provided with the understanding that the author and publisher are not engaged in rendering legal services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal person.

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