E-Mail Policies and Practices Should Be Reviewed

"E-mail policies intended to limit an employer's liability from one source may, in fact, open the employer up to liability from another. Although this creates a troubling situation for employers seeking to regulate the use of company provided e-mail, there are a few guidelines employers can follow when creating email policies that will help companies navigate these confusing waters.

As discussed [in this article from DLA Piper Rudnick Gray Cary via Mondaq}..., if an employer does institute a 'business use only' e-mail policy, it must be certain to enforce the policy strictly and in a nondiscriminatory fashion, otherwise, it may open itself up to unwanted solicitation and other undesirable activity.

Additionally, under the NLRA, an employer should be prepared to present substantial business justification for any limitations imposed on employee e-mail use, narrowly tailor any limitations, and draft its policy using clear and unambiguous language."