posted on Friday, April 13, 2007 11:48 AM
by
Lou Michels
Private Postings Prove Problematic for Politicos
As the story concerning the Administration's firing of eight U.S. attorneys continues to unravel (and you thought it was only private sector employers that could bungle routine decisions this badly), an interesting side-story is developing -- the use of email accounts outside of the employer's control for the conduct of employer related business. The Washington Post, among other major papers, is now detailing claims that White House staff used email accounts set up outside of the White House servers to conduct official business and avoid federal legal requirements to maintain accurate email records.
This isn't just a problem for government officials seeking to avoid public scrutiny. Private sector employers must be aware of when and if their employees are using unapproved email accounts. Especially with the new Federal Rules of Civil Procedure regarding electronic disclosure, an employer simply must have complete overview and control of its employees' electronic communications and records. This is especially true in employment litigation, where there are frequently selective supervisor files, not part of the official personnel file, that are maintained on employees or created in response to particular situations. I am aware of at least two cases in the last year in which supervisors were using Yahoo accounts that were completely unknown to their employer to store emails and other documents relating to situations at work.
There might be several solutions to this kind of an issue, but perhaps the most obvious is a quick audit through human resources and front-line supervisors to determine if anyone is in fact using these types of accounts for storage or the conduct of company business. Some employers require an annual certification by selected managers that they are not, and will not, store company information in anything other than company servers or on company computer systems. In any event, it's key that legal staffs and human resources become aware if there is a practice of using non-company systems or sites to warehouse company information.