Employers Urged to Be Wary of Workplace E-mail.

Smoking gun e-mail is so common in workplace lawsuits that almost 10% of companies have been subpoenaed to produce employee e-mail. Eight percent have battled sexual harassment or discrimination claims stemming from employee e-mail and Internet use.

According to the 2001 Electronic Policies and Practices Survey, released by the American Management Association, US. News & World Report and The ePolicy Institute, employers are aware of the dangers of computer use and are taking steps to reduce their liabilities. Of the 435 employers surveyed, more than 68% cite legal liability as the primary reason to keep an eye on employees' online activity

"Written e-mail and Internet use policies and monitoring software are indispensable business tools in the age of e-mail and the Internet," said Nancy Flynn, author of The ePolicy Handbook.

Among the actions employers take to reduce electronic risks:

* 81% have an e-mail policy;

* 77% have an Internet policy;

* 62% monitor e-mail and Internet use;

* 51% have disciplined staff for violating an e-mail policy; and

* 35% have an e-mail deletion policy

Flynn advises employers to use written e-mail, Internet and software policies to give explicit notice that employees don't have a reasonable expectation of privacy, the company has the right to monitor anything transmitted or stored on its computer system and management intends to exercise that right. "Settle for nothing less than good, clean content, free from harassing, menacing, threatening, obscene, discriminatory or otherwise offensive language, and you'll be on your way toward a safe and secure electronic workplace," Flynn said.