Using the delete function does not necessarily mean an e-mail is irretrievable. E-mail communications are frequently backed up and stored as part of a company s security plan. Employees have sued their employers for invasion of privacy when their e-mail messages have been monitored. Furthermore, many states, such as Virginia and Maryland, have statutes prohibiting the interception of electronic communications. As always, a signed acknowledgment of receipt of the policy should be retained.
Employee training can also help avoid abuses of the system.
Training should cover such topics as how to use available resources, make efficient searches and, importantly, the company s e-mail policy. Indeed, despite the statutory caps limiting the total dollar amount of damages available, the threat of punitive damages is often used by plaintiff s attorneys in an effort to leverage substantial settlements in questionable cases. Carole Kolstad worked as the Director of Federal Agency Relations for the American Dental Association. Her performance was rated repeatedly as distinguished. When a senior official of the Association announced his retirement, Ms. Kolstad expressed interest in the job.