Watch Those E-Mails and IM's
A recent survey by the American Management Association revealed some troubling statistics regarding employer policies associated with email and instant messaging. While 79% of employers have implemented a written e-mail policy, only 20% have adopted a policy governing IM use and content. This in light of the fact that in 2004 up to 20% of employers have had employee e-mail subpoenaed in the course of a lawsuit or regulatory investigation, up from 14% in 2003. I recently attended a New York State Bar Association CLE class on electronic discovery. What was most troubling was that one of the clear messages was that essentially everything can be found - whether seemingly "erased" or "deleted." In addition, the costs associated with retrieval of this information as well as the litigation expense associated with reviewing countless emails and IM's could make the cost of litigation skyrocket. This is scary stuff, indeed. Employers should not only ensure that they have adequate policies, but they should also make sure they provide additional guidance - bringing policy into practice - rather than distributing a policy that remains unread.