HR Hero Your Employment Law Resource

 
Electronic Workplace: Iowa Employment Law Letter -- Electronic communication rules: Is your policy good enough?
     


Greg Naylor, Editor
Whitfield & Eddy, P.L.C.

Vol. 15, No. 3
July 2008

PERSONNEL POLICIES

Electronic communication rules: Is your policy good enough?

By now, most of you have developed workplace rules making it clear to your employees that your computer system is company property that should be used only for company business. In addition, many employers typically reserve the right to monitor employees' use of company computers. Are your rules sufficient to protect your business while also avoiding employee claims of invasion of privacy?

Cover all your bases

Increasingly, the answer to that question appears to be, "It depends." There are a growing number of cases involving electronic communication policies that identify problems with what were previously understood to be accepted employer rules. Consider the following exceptions reported in several recent cases in which an employer's computer rules were deemed insufficient to ward off employee claims:

  • If an employee is given a unique computer password that's unknown to a system administrator, the employer could be bolstering an employee privacy claim.
  • If an employer becomes too lenient in allowing employees to use the company computer system for personal reasons, it may be undercutting its business- only usage rule.
  • If an employer fails to periodically monitor and audit employee usage, the computer rule may be weakened.
  • If an employer fails to address text messaging, "goog-ling," and other common communication practices in its electronic workplace rules, it may have a rule- enforcement problem.
  • If an employer has a no-solicitation policy attached to its computer usage rules but allows solicitations by a variety of organizations and charitable groups, it may run afoul of federal labor law.
  • If an employer never randomly audits its system, it may undercut its right to do so, even if its written policy permits random searches.
Bottom line

To remain strong, a muscle must be isolated and exercised. Similarly, to remain effective, a work rule must be individually recognized and exercised. Employers that fail to draft comprehensive electronic workplace rules and enforce them may find that their policies don't provide the type of legal protection envisioned when they were implemented.

Communications technology changes rapidly. So do court decisions and privacy claims involving the use of company computers, BlackBerries®, and other communication devices. Take the time to periodically review the adequacy of your electronic communication rules, and monitor your enforcement of those rules. Remember, as technology evolves, the tension that always exists between employer communication policies and employee privacy rights will continue to escalate.
Copyright 2008 M. Lee Smith Publishers LLC

IOWA EMPLOYMENT LAW LETTER does not attempt to offer solutions to individual legal problems nor does it provide legal advice. The newsletter provides general information on current developments on Iowa employment issues. Questions about individual legal problems should be addressed to the attorney of your choice.

M Lee Smith Publishers