Labor & Employment Law Articles

Developing an E-mail & Internet Policy

Most companies acknowledge the need to have an employee handbook and other procedures and policies in place as a preventive measure in today's litigious workplace. However, such handbooks and policies must be updated and revised to reflect the technological changes in the way we communicate today.

For example, most companies have a sexual harassment policy. However, such a policy should be revised to prohibit offensive e-mail, the display of offensive screensavers, and visiting pornographic Internet sites. In fact, the use of company computers for the purpose of accessing pornography is one of the prime misuses of company time and equipment. Other abuses including shopping online, checking the stock market, checking sports scores, and playing Internet games. For this reason, it is essential that your company have a clear policy establishing limits on the use of company computers in accordance with applicable laws. In this regard, the General Counsel of the National Labor Relations Board has indicated that it will consider unlawful any policy that unduly interferes with the rights of employees to organize themselves.

Other aspects of a company e-mail and Internet policy should include the following:

  • Employees should be prohibited from using passwords without authorization that may prevent the company's access to files.
  • Employees should be prohibited from putting their own software or any unauthorized software on company computers.
  • Employees should be prohibited from duplicating company software to put on their own machines.
  • Employees should be prohibited from copying e-mail messages which may contain confidential information or trade secrets.

By following these safeguards, companies can limit their exposure to litigation resulting from misuse of e-mail and the Internet

Franklin, Gringer & Cohen, P.C.

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