Because electronic messages have an air of casualness to the way people use them,many forget that such correspondences are,in fact,traceable. Emails,Facebook comments and text messages all can have real-life effects. They are records of communication that can be used in court cases and legal disputes in the same way that letters or lease documents have been used for years.
Electronic Messaging in the Workplace
One of the biggest things that can get people into legal trouble,in terms of electronic messaging,is using company emails or message boards for personal purposes. Even though personal use of email during work can’t be as easily tracked as,say,phone use,and there is no red flag that signals to an employer that work isn’t being done,personal usage of company email does tend to make people careless with their actual business correspondence. Formality goes out the window and soon,employees start sending jokes,cartoons and stream-of-consciousness type messages with the company’s electronic letterhead and business signature attached. Gossip and complaints about co-workers and employers usually ensue and can lead to actual litigations.
The Issue of Liability
Employers who wish to avoid legal issues that can come as a result of improper electronic messaging need to have a solid electronic message policy in place. Any liability that can be created through communication can be created through an electronic medium. This latter fact applies to anyone,in or out of the workplace.
Email and phone messages can be used as evidence in cases involving sexual harassment,discrimination and legal disputes of any kind. Third parties can even sue a company for issues arising from the electronic messaging activities of the company’s employees. Such activities can include libeling a rival company or violating anti-spam laws.
Issues of Copyright Law
Just because a published document is saved electronically on your computer –say,on a PDF file –it does not make it yours. If you forward a copy written document electronically without the publisher’s permission,even if you do so just within your company,it can potentially be a violation of copyright law. You should always find out whether you need a special clearance from a publisher before spreading intellectual property electronically.
Privacy Line
In an effort to prevent legal issues with their employees’use of electronic messaging,companies might want to track their workers’electronic messages closely. But prying too much could back fire,resulting in the employer being sued for invasion of privacy. This is why a solid electronic messaging policy should be written up that makes a clear distinction between personal and business use of electronic mediums.