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Computers, e-mail, voice mail, cell phones, instant messaging, and the Internet all have brought a new age of ease and efficiency to workplace tasks. But, along with those advantages comes a dizzying array of workplace and liability issues that seems to grow almost daily.

Monitoring employees technology use and abuse

One important issue that HR must be involved with regarding computers is monitoring employees’ use, and abuse, of company computer and phone systems. Many employers now implement some type of employee monitoring. Employers walk a fine line, however, when it comes to monitoring employees, and often it's up to HR to make sure that the line is not crossed.


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Document retention in the electronic age

Not so long ago, document retention meant maintaining the proper printed materials that might be needed in case of a lawsuit or charge filed with a government agency. Today, businesses have to worry about not only paper documents, but electronic ones as well. Those electronic documents may also be residing in places you might not think about, such as hand-held digital devices.

Hiring

The Internet has made it even easier to find information on just about everything, including job candidates and current workers. The problem is that you may find information that you didn't want to see, like pictures from their spring break. There is also the possibility that the information isn't accurate – maybe friends or enemies have doctored photos or made exaggerations and lies as a joke. Or the John Smith you found isn't the same John Smith who applied for a job at your company.

Cell phones, cars, and work – a dangerous mix

Cell phones allow many employees to work from practically anywhere. But when they mix cell phones and driving while working, it can create safety issues and expensive liability for the employer if there is an accident.

Employee privacy and employer trade secrets

On the one hand, failing to monitor employees’ use of workplace technology may subject an employer to trade secret theft, or lead to claims for discrimination, defamation, or copyright infringement, to name just a few.

On the other hand, monitoring employees’ telephone calls, e-mail, or voice mail may leave an employer vulnerable to claims of infringing on employees’ privacy. To decrease the chances of damaging and expensive litigation, it is well worth your time and effort to become familiar with the potential legal issues in this area and to develop a well-thought-out employee monitoring policy.

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Related articles on Electronic Workplace from the State Employment Law Letters
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Not your network, not your right to monitor
  California Employment Law Letter, July 14, 2008
Electronic communication rules: Is your policy good enough?
  Iowa Employment Law Letter, July 2008
E-mail strings may tie you up in knots
  New York Employment Law Letter, May 2008
What happens in cyberspace doesn't always stay in cyberspace
  Louisiana Employment LawLetter, April 2008
Court suppresses evidence from employer-owned computer
  Florida Employment Law Letter,February 2008
NLRB allows e-mail policy prohibiting nonjob-related solicitations
  Kentucky Employment LawLetter, February 2008
Must I let employees use our e-mail system?
  New Mexico Employment Law Letter, January2008
Potential overtime issues in an increasingly technological society
  West Virginia Employment Law Letter, January 2008
Is your employee addicted to the Internet?
  New York Employment Law Letter, October2007
Pirated software creates substantial risk for employers
  Wisconsin Employment Law Letter,September 2007
Bandwidth blackmail
  Oklahoma Employment Law Letter, September 2007
Can you evade the Trojan mouse? Unions can invade without making a sound
  Vermont EmploymentLaw Letter, September 2007
Yahoo! Tips to avoid googling up some litigation
  The Tennessee Employment Law Letter,August 2007
Metadata: the invisible threat
  Arizona Employment Law Letter, July 2007
Something to look for when a laptop-wielding employee leaves
  Oklahoma Employment LawLetter, July 2007

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