Some articling students at my firm were trashing partners by email. Probably dumb but I guess no one was too worried because of mutually assured destruction. Next thing you know, we’re all called to a meeting the next day and pretty much threatened with “disciplinary action” for violating the firm’s “policy on email communications”! Is it possible that they read the emails and can they actually do that?! Is that legal?
— Penny
I’m going to steer clear of privacy law and the recent Ontario Court of Appeal decision regarding material on work computers — hopefully, one of our readers can chime in with a usefully nerdy response — but I can certainly speak to the practical reality. Newsflash, Penny: most organizations routinely monitor employee Internet and email communications. Our emails, tweets, Facebook and LinkedIn accounts, and hours spent on PerezHilton.com and greedyassociates.com are probably monitored to some degree. So, is it ever worth participating in the email beat-down of partners or clicking that link to “Rihanna’s too hot bikini body”?
Penny, you are using firm-owned technology and resources. The safest course of action is to assume that the firm has access to everything you do on your computer and online. Putting aside legal niceties, your work email address is not technically yours. Consider this from the firm’s perspective. When employees use their work email or go online, they are representing the firm in all their communications. The potential for damage to the firm’s reputation and lost revenue is huge!
The cardinal rule of workplace email etiquette is to send only messages that the entire firm could read with no consequence to you. I would go even further and say that if you cannot send (or reply to) an email without risking personal disgrace or embarrassment, were it leaked, don’t even draft it because finger malfunctions and brain farts happen. It’s a high bar but a very useful “embarrassment benchmark” that could save your career.
I remember an email I wrote to my husband about attending a pool party at a partner’s house. The invitation to the event helpfully suggested that an explanation be provided for why one might not be attending and required that invitees specify in the RSVP what dish they would be bringing at the event. Oh no, they didn’t! In the email to my husband, I expressed seething resentment at having to sacrifice an entire Saturday in the name of face time and “teaming”… arrrgh. I raged against the firm’s stinginess and noted that the most frightening prospect of all was being forced to bear witness to partners in bathing suits without the aid of alcohol (I was driving).
Suddenly, the cursor poised over the SEND icon, I had second thoughts. I remembered my embarrassment benchmark, took out all the nasty stuff and sent a benign message to my husband indicating that I would be attending a firm event on Saturday. Well, guess what? I inadvertently sent the message to the partner instead of my husband. I still get chills about how close I came to the abyss.
Penny, might I suggest you turn your outrage into a “teachable moment”? Consider adopting the embarrassment benchmark when emailing. Think about how many personal contacts should really have your work email. Use your external personal email account for private communications and stay off social media sites at work. In future, reply to any trash talk by asking to be removed from the recipients’ list. Yes Penny, be THAT person. You’re at work, remember? Big Brother sees all.
Sandra Rosier is a former Supreme Court of Canada clerk who has worked at large firms in Toronto and Boston. Having come to her senses, Sandra currently works as a tax advisor at a Toronto-based organization. Her etiquette column for lawyers appears every other Monday at lawandstyle.ca. Got a question for Sandra? Email us.
Photo by Josh