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Email in the workplace

By Kirk S. Bond, UFCW 141 Nurses Attorney

E-mail has become an important and effective form of communication in the workplace. The use of e-mail at work, though, has given rise to a myriad of unique employment issues.

Many employers have adopted e-mail policies intending to limit the transmission of personal e-mail via the company's e-mail system. Even in the absence of such a policy, employees should use extreme caution in the information that they send using their employer's e-mail system. This is so because employer monitoring of employee e-mail use appears to be increasing.

According to one survey, 38 percent of employers in the year 2000 stored and reviewed employee e-mail messages. Another recent survey indicates a dramatic rise in the number of companies that have disciplined and discharged employees for internet misuse at work.

Employees should also exercise caution in using e-mail as a substitute for traditional forms of communication. While e-mail is sometimes the most convenient and direct method for the sender of conveying information, depending on the e-mail practices of the recipient, the message may or may not be received in a timely fashion.

The importance of continuing to utilize traditional communication forms is highlighted by the e-mail practices of the United Staff Nurses' Union. Although the individual staff members of the Union each have e-mail addresses, no Union employee is charged with the responsibility of monitoring incoming e-mail. Therefore, e-mail sent to a Union staff member will not be received by the Union in a timely manner if, as is often the case, the intended recipient is on the road for days or even weeks at a time.

If, for example, a nurse is filing a grievance, it is important that she or he files the grievance by sending it to the Union through the mail. Under most collective bargaining agreements, grievances must be filed within a relatively short time after the grievance arises. If the grieving nurse files the grievance by mail, she or he can be assured that the Union's administrative assistant will open the mail, route it to the appropriate staff member, and make sure that any potential time lines are met. If, on the other hand, the grievance is filed by e-mail, the potential exists for that grievance to sit unopened in an electronic inbox while an important time line passes.

While e-mail is a tool of inestimable value, employees should be careful to recognize the perils of relying too heavily on this medium.

Email is discoverable in the event of legal action, meaning it is not confidential and can be used as evidence.

United Food & Commercial Workers International Union