Last week, I provided some training to a client’s HR team on conducting investigations. As we were working through some hypothetical situations, the discussion turned to accessing employees’ emails. The group knew that their company’s policy addressed accessing the emails of current employees, clearly warning company email is not private and that it could be accessed or monitored by the company. That being said, one individual raised concerns about accessing a recently departed employee’s emails. She was concerned about who should have access to the email, and for what purpose and time frame the email should be accessed. These were all good questions and ones that your company should give some thought to in advance.
Depending on the circumstances surrounding an employee’s departure, a review of the departing employee’s email could reveal important and useful information. For example, you may discover that your departing employee began operating a competing business before he or she left. Alternatively, it could be critical to your ongoing business operations for you to be aware of recent communications with customers, vendors, or even other employees. In order for your business to have the ability to access these emails without inviting a viable invasion of privacy claim, there are a few important steps that your company should take.
First, adopt and disseminate a well-drafted technology policy that clearly outlines that email is not private, and that it can be accessed and monitored by the company with or without notice to the author or recipient of the email. Although your company will generally want to have a good reason for accessing an employee’s emails, be sure that your written policy doesn’t overly restrict the circumstances under which you can access an employee’s email.
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