In today’s litigation, “smoking gun” evidence often takes the form of an e-mail. Employees at all levels fire off e-mails without giving much thought to the potential consequences. But, notes employment law attorney Keith Clouse, “smoking gun” e-mails can lose lawsuits.
Employees often treat e-mail as an electronic form of conversation rather than as a written record more akin to a letter. But unlike words spoken during a face-to-face conversation, the words in an e-mail message remain forever. Moreover, tone is often difficult to convey; not only can a message be misunderstood by the recipient, but a message may appear even more offensive when shown on a giant display board in a courtroom. Attorneys know this and sleuth out damaging e-mails to win cases.
To avoid sending a harmful e-mail, Mr. Clouse suggests that an employee first evaluate whether a particular subject matter is suited for e-mail. If the matter is sensitive, the employee should take a quick walk down the hall or pick up the telephone to convey the message. Mr. Clouse cautions all employees to carefully review e-mails before hitting the “send” button. If an e-mail’s content could be misconstrued or the language and/or tone are not office-appropriate, the employee should rework the e-mail. Further, because people are especially prone to send damaging e-mails when emotions are running high, an employee should wait until things are calm before communicating electronically.
To discuss employment-related matters with an employment lawyer, please contact the employment lawyers at Clouse Dunn Khoshbin LLP at [email protected].
