That email you “deleted” last week?
There’s a good chance it’s still sitting on a server somewhere. And if your organization ever ends up in a lawsuit, you can bet opposing counsel will find it.
Workplace emails have become routine evidence in employment discrimination cases. Plaintiffs’ attorneys blow up these messages on courtroom screens to prove hostile work environments, harassment claims, and civil rights violations. And employees often treat email like a private conversation, not realizing that “deleted” messages live on in backup systems, recipients’ inboxes, and trash folders long after they’ve hit the delete key.
P.S. This doesn’t just apply to email anymore. In an increasingly remote world, many organizations rely on Slack, Microsoft Teams, and other collaboration platforms to keep their teams connected. Those casual Slack messages? They’re just as discoverable as emails—and often even more informal (read: more likely to contain something regrettable).
So what do effective electronic communications policies typically include?
- Ownership. The email system, Slack workspace, and other platforms belong to the organization and are for business use only.
- Privacy expectations. Employees have no privacy rights in messages sent or received on company systems.
- Monitoring rights. The organization can review communications to ensure appropriate use.
- Prohibited content. The harassment policy extends to all electronic communications—no intimidating, hostile, or offensive material based on protected characteristics.
- Retention limits. Messages are kept for a defined period, then deleted systematically to avoid drowning in discoverable files.
- Signed acknowledgment. Employees confirm they understand the policy and affirmatively consent to monitoring.
One final point (and it’s the most overlooked): An unenforced policy could be worse than no policy at all. It offers zero protection and might actually increase liability.
