E-Mails & Company Litigation

No matter how frequently we write about the perils of e-mail, litigation continues to happen in this area.

A 2005 survey conducted by the American Management Association and the E-Policy Institute showed that of employers surveyed

• 25 percent had terminated employees for e-mail misuse,
• 13 percent of those same employers have been involved in litigation triggered by an employee’s use of e-mail, and
• 20 percent of the employers have had e-mail subpoenaed in litigation.

Teresa M. Thompson of Fredrikson & Byron, PA, an employment attorney, says that "every piece of litigation that comes across my desk includes an e-mail discovery issue."

It's not enough just to put policies in place that state e-mail is for business use only - now, training is needed to reinforce the seriousness of this issue.

There is no expectation of privacy in company e-mails - and don't think that the opposing attorney doesn't know that.