EMPLOYMENT LAW:
INTERNET POLICIES IN THE WORKPLACE
In today's technological marketplace, all employers should consider having an Internet and e-mail policy for their employees.
A technology policy addressing all aspects of Internet and E-mail issues would address significant concerns arising and expected to arise as a result of access to the world wide web and inter-office and extra-office communications.
In many instances, employers are losing valuable time as employees sit at their computers with access to the Internet. It is not uncommon for employees to use the Internet for work purposes, but it is far more frequent that employees use the Internet for personal reasons during work hours, affecting work performance, productivity and, potentially, liability.
Some employers have addressed circumstances in which employees have accepted harmful, harassing, or pornographic information from the Web. In other instances, employers have addressed a situation in which their own employees have initiated such illegal activities. Moreover, as employees have access to on-line copyrighted information, they become more likely to knowingly or unknowingly become involved in copyright infringement when they use photographs, articles, computer programs, or other materials without proper licensing. How often has one of your employees indicated that they can "borrow" some software and put that software on your own computer systems.
The employer may liable to third parties for violations of copyright laws, for harassment, or for other wrongful conduct, in some instances, even when they have no knowledge. Therefore, at least one effort to halt the illegal and unlawful use of Internet and e-mail resources is to establish a technology policy.
Employers should address the acceptable uses of the Internet and E-mail systems within their offices. Employers should also address the circumstances in which E-mail and Internet communications may be intercepted by the employer, and particularly the fact that the employee should not believe that they have an expectation of privacy in any conduct in which they engage on company computers, including inter-employee e-mails. This is a "hot topic" and particular concerns should be discussed with your attorney.
Passwords, access codes, confidential data and trade secrets should all be the subject of an appropriate technology policy. Further, employers need to address for the employees just what will be the consequences if employees engage in the unauthorized use of company computers and other unauthorized behavior.
Employees should be warned that they are not permitted to violate copyrighted materials or other intellectual property belonging to third parties. If this is of greater importance because of the type of business in which you are engaged, then additional attention to educating employees may be the appropriate response.
Finally, employees should be cautioned about interference with the company=s computers, and the discipline imposed for sabotage.
In addition to implementing an effective policy, employers should consider small group or open seminars and group discussions to address the company's Internet and E-mail policies. Employees are often unaware of the significant consequences of their actions, and it is always useful to provide background information to encourage employees to act appropriately and within the boundaries of the law.
If you would like further information or assistance in developing a technology policy for your firm, please contact Marc Sherman at 847/674-8756. E-mails can be sent to: marc@mshermanlawoffice.com
This article is intended to highlight areas of interest for our clients and others. It is not intended to be legal advice and it is not a substitute for advice and consultation with your lawyer.