Navigating Online Communication in the Workplace: Mitigating Legal Risks and Protecting Your Company
In today’s digital age, electronic communication has become an integral part of how we conduct business. Emails, instant messages, and other forms of online communication offer convenience and efficiency. However, it’s crucial to recognize the potential legal risks associated with these platforms. A single careless remark or inappropriate comment can have severe consequences if it becomes evidence in a legal dispute. In this blog post, we’ll explore key concepts to understand and best practices to follow when navigating online communication in the workplace to avoid potential legal nightmares.
- Emails and Evidence:
Emails are frequently used as evidence in legal proceedings. Just like DNA in criminal law, emails can provide indisputable evidence that can sway case outcomes. Every electronic communication, including instant messages and chats, can be scrutinized and presented as a reflection of the sender’s state of mind, potentially revealing bias or ill intent based on protected characteristics such as age, race, or disability. Therefore, it’s essential to exercise caution and avoid committing anything to email that you wouldn’t want to be used against you in a legal context.
- Permanent Nature of Electronic Communication:
One of the challenges with electronic communication is its permanence. Even if you delete an email or message, it can still be recovered through forensic IT techniques. Deliberately destroying evidence may lead to claims of spoliation, which can have severe consequences for your company. Therefore, it’s crucial to be aware that any electronic communication, once sent, may have a lasting impact and should be treated with care.
- Watch Your Words:
When documenting incidents or disciplinary actions, it’s important to choose your words carefully. Avoid unnecessary description or subjective characterizations that may be misinterpreted or used against you. Stick to concrete facts and avoid words that imply intention or bias. A precise description of the incident or behavior is often sufficient and reduces the risk of accusations of bias during legal proceedings.
- Attorney-Client Privilege:
Understanding and employing the attorney-client privilege correctly is essential when seeking legal advice. Marking emails as “Attorney-Client Privileged,” addressing them solely to your attorney, and explicitly requesting legal analysis and recommendations can help protect the confidentiality of those communications. However, it’s crucial to consult with your attorney before designating any document as privileged to ensure compliance with the applicable guidelines.
- Prevention is Key:
Preventing online communication mishaps is far better than dealing with the aftermath. Promote training and awareness among employees about the potential legal risks associated with electronic communication. Encourage them to exercise professionalism, respect, and sensitivity in their interactions. Foster a culture of open dialogue, where employees can seek guidance from HR or legal counsel before engaging in potentially risky conversations.
