(as
published in the Western Business Journal, Winter, 2006)
As the use of internet and email at work has grown, problems have also grown. Use of the internet and email expose a company's computer system to security threats. Employees may also use either for improper purposes, and expose the employer to legal problems as a consequence. In addition, the nature of emails may lead to legal problems for an employer, given that emails are inherently informal and may remain available long after the sender thought they were deleted and gone. Employee productivity may decline if usage is not regulated or monitored in an appropriate manner, too.
Fortunately, these problems can be managed. Every business should establish a clear, written policy concerning the use of its computer system. A well crafted policy can enhance the security of the system and deter legal problems, while allowing productive use. Every employee should be provided the policy, whether as a separate agreement or in an employee handbook.
While specific policies are dependent upon the business, there are common provisions that should be addressed in all. All policies should notify employees that the computing system and all transmissions are not private and are property of the employer. The employer should disclose that it reserves the right to monitor any use, as well as to disclose individual employee's emails to third parties where appropriate. The policy should also disclose that use of the system is intended for business purposes only, although many employers may wish to allow some incidental personal use. Such allowable personal use should be consistent with other employment policies, such as the use of the telephone for personal calls. In addition, the policy should provide the system may not be used for outside business ventures, to advance personal causes, or to violate any law. The policy should also preclude use for any derogatory, obscene, or otherwise inappropriate function. The unauthorized downloading of software or other programs should also be prohibited to enhance security.
At the Moulton Law Firm, we have several attorneys who are experienced in employment law and could craft an excellent computing policy. Please contact us if you need further assistance or have questions.
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