Email Use: Policies to Enhance Employee Productivity

Elizabeth A. CoonanBrownWinick

666 Grand Avenue, Suite 2000Des Moines, IA 50309-2510

Telephone: 515-242-2408Facsimile: 515-323-8508

E-mail: coonan@brownwinick.com

Employer Rights

1. Limit employee email and internet usage;

2. Monitor and limit employee email usage;

3. Regulate retention of email; and

4. Develop destruction calendars/policies.

What is your exposure for employee’s improper use of email?1. Harassment or discrimination claims;

2. Antitrust liability;

3. Copyright infringement; and

4. Defamation.

The Best Defense is a Good Written Policy

Common elements of an email use policy include:

1. A statement that your email system is company property;

2. Use of email and email files are not confidential;

3. Use is solely restricted to legitimate business purposes and should be used responsibly, effectively and lawfully;

Common Elements (Cont.)

4. Monitoring;

5. Compliance with legitimate requests from law enforcement to turn over employee emails; and

6. Emails are never gone for good.

Possible Prohibitions

1. Communication that violates the law;

2. Communication that harm the company;

3. Advertisements/solicitations;

4. Use of another person’s email account;

5. Dissemination of proprietary company information;

Possible Prohibitions (Cont.)

6. Harassment; and

7. Improperly binding the Company.

Enhancing Productivity

1. Personal use;

2. Monitoring;

3. Prohibited uses; and

4. Consequences associated with violation.

Examples

Website: www.brownwinick.comToll Free Phone Number: 1-888-282-3515

OFFICE LOCATIONS:

666 Grand Avenue, Suite 2000Des Moines, Iowa 50309-2510

Telephone: (515) 242-2400Facsimile: (515) 283-0231

616 Franklin PlacePella, Iowa 50219

Telephone: (641) 628-4513Facsimile: (641) 628-8494

DISCLAIMER: No oral or written statement made by BrownWinick attorneys should be interpreted by the recipient as suggesting a need to obtain legal counsel from BrownWinick or any other firm, nor as suggesting a need to take legal action. Do not attempt to solve individual problems upon the basis of general information provided by any BrownWinick attorney, as slight changes in fact situations may cause a material change in legal result.