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"Email Can Get You Fired . . . Choose Wisely"

by Josh Troesh

 

Getting fired is now easier than ever.

A trend has been slowly developing around the country
regarding business policies in the use of the Internet
and e-mail at work. Businesses have begun to develop a
'zero' tolerance standing on web sites or e-mail that are
inappropriate or unrelated to business use. The recent
firing of New York Times reporters for 'sending inappropriate
e-mail' is a high-profile example of this business issue.

Businesses have a right to demand that their employees
use the Internet (which the business is paying for) for
business related issues. Likewise, business owners live
in constant fear of lawsuits brought on by employees,
customers or activist groups, for having 'distributed'
offensive material, a paranoia re-affirmed with daily
reports from the news media.

But contemporary social mores also state that employees
have a right to engage in moderate, non-offensive leisure
time without worrying about a draconian policy hanging
over their shoulder. Additionally, in a tight job market,
can an employer afford to subject highly motivated and
talented individuals to policies that imply a lack of
trust in employees? Balancing these issues presents a
tight-rope that employers have found difficult to walk.

Employers need to develop a defined set of guidelines
for what is acceptable and what is not in the work place,
guidelines that are set up to give general guidance and
procedures as to how issues are to be resolved with regards
to inappropriate Internet usage. This type of system will
not only show employees what is and isn't acceptable at your
business, but it will also add a layer of insulation from
lawsuits, as your company shows that it explicitly states
what it considers to be inappropriate behavior.

This type of policy will also help in firing employees for
inappropriate usage of the Internet. Without a stated policy,
employees have a strong case for wrongful termination, as what you consider to be fair "assumed" guidelines and procedures may not be considered that way by a court of law or the 'general public.' The policy should not, however, have a list of approved sites, correspondence, or e-mail newsletters
for employees. This type of policy will most likely be
received as heavy handed and unfair and will restrict your
employees in their ability to do their jobs effectively by
utilizing the constantly changing and growing resources
available on the internet.

Employees should also take responsibility for their actions
and use good judgment when using the Internet, especially
with e-mail. E-mails should be considered as a formal
correspondence between your organization and the outside
world.

more articles

Josh Troesh is a freelance writer and internet business
development consultant based in Southern California.
mediapeak.com

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