These policies
are guidelines that are meant to provide a general understanding
of key issues in the emerging virtual workplace. They are
not intended as legal advice. Contact your attorney for legal
advice
XYZ Company
Sample E-mail Policy
Reviewed
June 2000
The
XYZ Company has created this policy to establish guideline for
the access and disclosure of electronic mail messages created,
sent or received by company employees using the company's electronic
mail system.
The
company reserves the right to change these policies at any time
as may be required under the circumstances.
The company maintains an electronic mail system. This system
is provided by the company to assist in the conduct of business
within the company.
The electronic mail system hardware is company property.
Additionally, all messages composed, sent, or received on
the electronic mail system are and remain the property of
the company. They are not the private property of any employee.
The
use of the electronic mail system is reserved solely for
the conduct of business at the company. It may not be used
for personal business.
The
electronic mail system may not be used to solicit or market
for commercial ventures, religious or political causes,
outside organizations, or other non-job-related solicitations.
The
electronic mail system is not to be used to create any offensive
or disruptive messages. Among those which are considered
offensive, are any messages which contain sexual implications,
racial slurs, gender-specific comments, or any other comment
that offensively addresses someone's age, sexual orientation,
religious or political beliefs, national origin, or disability.
The
electronic mail system shall not be used to send (upload)
or receive (download) copyrighted materials, trade secrets,
proprietary financial information, or similar materials
without prior authorization.
The
company reserves and intends to exercise the right to review,
audit, intercept, access and disclose all messages created,
received or sent over the electronic mail system for any
purpose. The contents of electronic mail properly obtained
for legitimate business purposes, may be disclosed within
the company without the permission of the employee.
The
confidentiality of any message should not be assumed. Even
when a message is erased, it is still possible to retrieve
and read that message. Further, the use of passwords for
security does not guarantee confidentiality. All passwords
must be disclosed to the company or they are invalid and
cannot be used.
Notwithstanding
the company's right to retrieve and read any electronic
mail messages, such messages should be treated as confidential
by other employees and accessed only by the intended recipient.
Employees are not authorized to retrieve or read any e-mail
messages that are not sent to them. Any exception to this
policy must receive prior approval by the employer.
Employees
shall not use a code, access a file, or retrieve any stored
information, unless authorized to do so. Employees should
not attempt to gain access to another employee's messages
without the their permission. All computer pass codes must
be provided to supervisors. No pass code may be used that
is unknown to the company.
Any
employees who discover a violation of this policy shall
notify [insert name of person responsible for e-mail system].
Any
employee who violates this policy or uses the electronic
mail system for improper purposes shall be subject to discipline,
up to and including discharge.
SAMPLE
ACKNOWLEDGMENT FORM
As
an employee of ________ XYZ Company, I, _______________, recognize
and understand that the company's e-mail systems are to be
used for conducting the company's business only. I understand
that use of this equipment for private purposes is strictly
prohibited. Further, I agree not to use a password that has
not been disclosed to the company. I agree not to access a
file or retrieve any stored communication other than where
authorized unless there has been prior clearance by an authorized
company representative.
I
am aware that the company reserves and will exercise the right
to review, audit, intercept, access and disclose all matters
on the company's e-mail systems at any time, with or without
employee notice, and that such access may occur during or
after working hours. I am aware that use of a company-provided
password or code does not restrict the company's right to
access electronic communications. I am aware that violations
of this policy may subject me to disciplinary action, up to
and including discharge from employment.
I
authorize that I have read and that I understand the company's
policy regarding e-mail located at [refer to applicable manual.]
I authorize that I have read and that I understand this notice.
The
Company provides and maintains the following forms of electronic
communication, messaging agents and electronic facilities:
Internal and external electronic mail (e-mail), telephone
voice mail, Internet access, and computer hardware and software:
As a condition of providing the previously identified communications
access to its employees, XYZ places certain restrictions on
workplace use of the same.
OBJECTIVE
The
internal communication systems, as well as the equipment and
data stored, are and remain at all times the property of the
Company. Accordingly, all messages and files created, sent,
received or stored within the system should be related to
Company business and are and will remain the property of the
Company. System or Company wide distributions of e-mail (announcements,
bulletins, etc.) requires Sr. Vice President approval in advance
of the distribution. Some offices may require a higher approval
level.
The
Company reserves the right to retrieve and review any message
or file composed, sent or received. It should be noted that
although a message or file is deleted or erased, it is still
possible to recreate the message. Therefore, ultimate privacy
of messages cannot be assured to anyone. Although electronic
mail and voice mail may allow the use of passwords for security,
confidentiality cannot be guaranteed. It is possible for messages
to be retrieved and viewed by someone other than the intended
recipient. Furthermore, all passwords are known to the Company
as the system may need to be accessed by the Company in the
absence of an employee.
When
utilizing e-mail, etiquette is important. The strategies for
effective e-mail communication are as follows:
communicating
urgent matters for immediate response, to communicate with
several people quickly or any other time sensitive matter;
keeping
all messages as brief as possible will minimize reading
time for recipient, therefore keeping communication efficient;
be
as complete as possible by using the simple rules of who,
what, when, where and why to answer any anticipated questions;
avoid
communicating through e-mail on a sensitive subject that
should be addressed in person; if possible,
communicate
confidential information in another form other than e-mail;
check
for accuracy and apply all good business writing, using
correct grammar, spelling and punctuation;
follow
up if a response has not been received in a timely manner;
read
all messages and respond regularly;
avoid
the use of typing a message in all capital letters; and
being
careful not to use the 'Reply All' function when not intended,
i.e. system wide distribution
ensure
that messages are deleted or saved; the server should not
be used to permanently store messages
While
XYZ encourages employee use of the Internet, its use is restricted
to the following:
to
communicate with employees, vendors, or clients regarding
matters within an employee's assigned duties;
to
acquire information related to, or designed to facilitate
the performance of regular assigned duties; and
to
facilitate performance of any task or project in a manner
approved by an employee's supervisor.
DEFINITIONS
The
content of e-mail, voice mail messages for any file may not
contain anything that would reasonably be considered offensive
or disruptive to any employee. Offensive content would include,
but is not limited to, sexual comments or images, racial slurs,
gender specific comments or any comments that would offend
someone on the basis of their age, sex, sexual orientation,
religious or political beliefs, national origin, or disability.
Regarding
Internet and e-mail access and usage, be advised that use
of the Internet and e-mail provided by XYZ expressly prohibits
the following:
1.
Dissemination or printing of copyrighted materials, including
articles and software, in violation of copyright laws.
2.
Sending, receiving, printing or otherwise disseminating
proprietary data, trade secrets or other confidential information
of XYZ in violation of company policy or proprietary agreements.
3.
Offensive or harassing statements or language including
disparagement of others based on their race, national origin,
sex, sexual orientation, age, disability, religious or political
beliefs.
4.
Sending or soliciting sexually oriented messages or images.
5.
Operating a business, usurping business opportunities or
soliciting money for personal gain, or searching for jobs
outside XYZ.
6.
Sending chain letters.
7.
Gambling or engaging in any other activity in violation
of local state or federal law.
8.
The circulating of jokes, comics or non-job related computer
graphics.
PROCEDURES
Disciplinary
action for violation of this policy may include, but is not
limited to, termination, suspension, or transfer of the offending
employee. In cases involving less serious violations, disciplinary
action may consist of warning or reprimand. Remedial action
may also include counseling, changes in work assignments,
or other measures designed to prevent future misconduct. The
measure of discipline will correspond to the gravity of the
offense as weighed by its potential effect on the Company
and fellow employees.