| August 9, 2005 — Volume 7, Number 10 |
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FEATURE STORY: It seems that more and more companies are taking advantage of their right to monitor their employees' e-mail. In one survey, 55% of companies reviewed their workers' e-mail. Another survey of companies with 1,000 or more workers revealed that 63% either employ or plan to employ staff to read or otherwise analyze outbound e-mail. And with good reason. Let us count the ways... 1. The main motivation for monitoring in the latter survey was the desire to protect confidential information, such as trade secrets and intellectual property. 2. Half of America's Fortune 500 companies have dealt with computer porn at least once in the past 12 months, said yet another survey. These incidents were serious enough to result in discipline, including termination, 85% of the time. Example: One company's investigation found that up to 75 of its employees exchanged computer porn. It doled out discipline based on the level of abuse. One of the worst offenders argued that his termination was actually based on his sexual orientation, but a court didn't buy it. 3. E-mail is being used to make (or break) legal claims against companies. Another survey found that one in five companies has had e-mail subpoenaed by courts or regulators. Example: UBS Warburg was sanctioned by a court for destroying e-mails and failing to preserve other evidence in a $29 million sex discrimination lawsuit. If your company monitors, or plans to monitor, employee e-mail, there is one thing you must be absolutely sure to communicate: Employees have no expectation of privacy. Courts generally agree that e-mail sent on company computers on company time is the company's property. But before you go snooping through staff members' messages, make sure that employees realize and understand that concept, and are aware of the company's right to monitor. Traditional mediums will do: handbook policy, department meeting, bulletin board memo. Also effective: Put the policy right on the computer, such as a window that pops up whenever the mail program is launched. Warning: Beware of e-mail abuse on the other side of the monitoring coin. The monitors must be monitored, too. If your company monitors e-mail only when investigating potential wrongdoing, for example, those who have access to employee e-mails should not be going in and reading at their leisure. |
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Workers who achieve good sales numbers, write top-notch reports, or output impressive quantities are exactly the types of individuals you want working for you. Employees with bad attitudes are not the type of personality you want in your midst, though. But what if they are one and the same? You must...View the full story on our website. |
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FREE REPORT OF THE MONTH: Check out the new Free Report, “State Family/Medical Leave Laws,” which summarizes each state's family and medical leave provisions for private employers. You get an overview of employer and employee eligibility requirements, amount of leave entitlement, reasons for leave, and reinstatement rights for each state. |
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Kick back, relax, and take a few minutes to check out the HR Soapbox, "What Are You Looking At?" in which an editor talks about co-workers who aren't too shy to pry. |
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TOP
5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS
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Copyright
© 2005 by Alexander Hamilton Institute, Inc. Employment Law Resource Center at www.ahipubs.com emailnewsletters@ahipubs.com (800) 879-2441 • 70 Hilltop Road • Ramsey, NJ 07446 |
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