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Have You Considered an Electronic Communication Policy?
As we have previously discussed, mobile communication devices and social media exposes employers to harassment liability by employees who chose to abuse or misuse them. With the advance of mobile communication which allows an employee to work from almost anywhere–at anytime, the work life and personal life become almost inseparable. Therefore, as employers carefully navigate the investigation process to understand the facts they must also walk a fine line to limit their exposure to privacy invasion litigation. While this may sound like a no win situation, there are precautions every employer can take to protect themselves from exposure to these potential liabilities.
For many employers, it is common to allow employees to use company-issued property, including mobile communication tools such as 
laptops, pager, and cell phones, for personal use. Employers with these practices should establish clear and comprehensive policies that convey the company’s expectations. Such expectations should include:
- A policy that states the employer retains full rights to the property and may search or audit all communication made on these devices when determined to be business necessary. Employees should clearly understand they have no expectation of privacy for content sent, received or stored from company-issued property.
- If the employer reimburses the employee for some or all of the business-related expenses of a personal device, the same expectations should hold true for communication made from that device for business-related purposes.
- Harassment and business ethic policies should extend to communications sent, received, or stored on company-issued devices and devices for which the employer receives reimbursement from the company.
- A statement that communications eligible for search or audit includes e-mails, texts, pages, pictures and videos, regardless of whether they were intended for company or personal use.
- Promptly investigate all claims of abuse or misuse and take appropriate action as the situation warrants.
- Address consequences of not promptly returning company-issued property upon separation of employment or upon request by the employer, such as deductions from the employee’s paycheck for all related expenses.
- Frequently review and update policies as technology continues to advance.
While these steps are the first defense against potential lawsuits, a policy is just words typed on paper until it is consistently communicated to employees. Incorporate these policies into employee training programs, especially for new employees or employees first issued company-issued communication devices. Consider having employees review and sign these policies as acknowledgement of their receipt and understanding. Then consistently enforce disciplinary actions toward violators of electronic communication policies.
If establishing an electronic communications policy seems daunting, a Skywalk Group HR professional can help you prepare and communicate such a policy to protect you from the risk of potential liability
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