Watch What You Write

In a recent survey, 24% of the employers responding reported receiving subpoenas for emails that were stored in their company records. At times the content of existing emails led to legal troubles, and other times the destruction of emails led to other adverse legal consequences. Eric J. Sinrod, “Why employers are cracking down on email,” www.news.com (July 26, 2006).

According to the survey conducted by the American Management Association and the ePolicy Institute, emails written at work have led to litigation for 15% of the companies surveyed.

Commentary and Checklist:

Employees write and respond to hundreds if not thousands of emails each year. For an employer to monitor every email is impossible. This means that managers and supervisors need to monitor themselves when writing emails and monitor their subordinates.

Here are some rules when writing emails:

Write every email with the understanding that people other than the recipient may read what you have written.

Don’t write anything that you wouldn’t state verbally to the recipient in a business conversation.

Don’t write emails when you are angry or upset. If angry or upset, take some time to cool down first and write a few drafts before sending.

Avoid using abbreviations and slang. These informalities can lead to a wrong interpretation from readers.

Skip attempts at humor especially when writing about a serious subject. Humor has little value in a courtroom.

Be clear and concise in your language.

Avoid sending long emails. If a matter requires a lengthy explanation, make your explanation in a formal memorandum attached to an email.

If you discover that subordinates are writing improper emails, especially emails that harass or threaten other employees, move quickly to stop the problem.

Counsel your employees on why they should take the time to follow these rules.