PDA

View Full Version : Can companies restrict their employee's email use?




fivepoint
Aug 11, 2008, 07:35 PM
My wife is heading back to school this fall. She is a elementary teacher. During one of her first day school meetings she was told that no employee of the school was allowed to use email for ANY personal purposes whatsoever. Emails are only allowed for intra-office use and discussions between teachers and other school employees. Emails going out of the building are to be sent to students' parents only. The internet is restricted to research use only for classroom lessons.

To me, this seems unfair and a breach of an employees rights. As long as the employees aren't abusing the system... what is the problem? Am I wrong on this one? Can a company (public OR private) completely restrict outside communication over the computer?



yg17
Aug 11, 2008, 07:41 PM
Am I wrong on this one? Can a company (public OR private) completely restrict outside communication over the computer?

Yes.

It's their computers, their servers, and their internet connection. They have every right to restrict it to whatever they want.

MacDawg
Aug 11, 2008, 07:42 PM
Yes they absolutely can, and most do

Nothing done at work is private, and it is subject to be read
All internet activity can (and most likely will) be tracked and can be grounds for discipline and dismissal

Woof, Woof - Dawg http://homepage.mac.com/k.j.vinson/pawprint.gif

r.j.s
Aug 11, 2008, 07:42 PM
If they are providing the email for that use, as well as the computers and, then yes. A company is well within its rights to restrict the use of services provided to its employees.

mwchris
Aug 11, 2008, 07:56 PM
My wife is heading back to school this fall. She is a elementary teacher. During one of her first day school meetings she was told that no employee of the school was allowed to use email for ANY personal purposes whatsoever. Emails are only allowed for intra-office use and discussions between teachers and other school employees. Emails going out of the building are to be sent to students' parents only. The internet is restricted to research use only for classroom lessons.

To me, this seems unfair and a breach of an employees rights. As long as the employees are abusing the system... what is the problem? Am I wrong on this one? Can a company (public OR private) completely restrict outside communication over the computer?

As most have said this is completely within their rights. Have your wife bring home a copy of the schools (most likely districts), Acceptable Use Policy (AUP), which describes in detail what users can and cannot do. I am sure she signed one, maybe at the beginning of her time at that school district, at some point or another.

And, of course you could always do what I do - have the same employeer as your significant other, and always put something in there about work! ;)

m-dogg
Aug 11, 2008, 08:19 PM
Yes. They make the rules.

My work actually blocks all web-based personal email sites.

And while we can use our business email for personal reasons, they tell us that that the emails sent to/from our business email are property of the company (and that they can read them if/whenever they want to). So no naughty emails! :p

gonyr
Aug 11, 2008, 08:21 PM
I'm sure they have a filter for web usage. For email, it seems implausible that anyone is actually checking every incoming and outgoing email for solely work-related content. My school has the same written policy, which is routinely ignored. The unofficial policy has been to keep everything within reason - checking weather or news is ok, shopping on ebay isn't. Emails have never been a problem, as long as people aren't forwarding jokes to the whole district. As somebody pointed out already, they own the computers, so they make the rules. It's up to your wife whether to follow them. She should find out if anybody is actually monitoring, and what the consequences are to breaking the rules. At my school, as long as everybody behaves like professional adults and doesn't abuse the system, there are rarely problems.

Edit: I forgot to mention, she shouldn't ever email parents about students. If anybody else reads the email, there is a violation of privacy rights. Email to parents should only be used to set, confirm, or cancel meetings or phone calls. Same thing goes for emailing other staff members about students. Do everything in person or over the phone - never by email.

sushi
Aug 11, 2008, 08:24 PM
My work actually blocks all web-based personal email sites.

And while we can use our business email for personal reasons, they tell us that that the emails sent to/from our business email are property of the company (and that they can read them if/whenever they want to).
This is becoming more common.

Many places restrict access to popular e-mail web sites such as Hotmail, Yahoo, AOL, etc.

That is why an iPhone type device is so handy. Just do your personal stuff on it when at work. Besides why would you want to air your personal laundry on the company Intranet?

CanadaRAM
Aug 11, 2008, 08:31 PM
Just to be accurate -- a company may NOT infringe on an employee's privacy unless the employee has agreed to a policy. Which is why most employment contracts include language to cover non-protection of private communications and restrictions on use of company resources as a condition of employment. The company also has obligations -- the policy should ALSO include what steps the company takes to keep the employee's personal information private from others - it cuts both ways.

Employers and small business owners out there -- do not assume that your business property rights naturally override the personal and civil rights of your employees or contractors. Make sure you spell it out in the contract and/or employee policy manual and have each worker sign off on it.

jessica.
Aug 11, 2008, 08:32 PM
I'm sorry but employees have no rights when it comes to work-issued computers, e-mail, and internet access. As she was most likely asked (required) or will be asked (required) to sign an IT agreement that will state exactly what the policy is and what actions will be taken if she were to breach said policy.

I personally cannot find any great reason why I would use my work e-mail address for anything that wasn't work-related. I have surfed the net (posted here, went to ebay, craigslist, etc) while at work. Personal e-mail was blocked ages ago when we had a major data breach that was detected and lead to someone's personal e-mail account, so I just use my cell phone for such antics. Besides, half the **** I say in e-mail I certainly wouldn't want that to be read by my work. :)

MacDawg
Aug 11, 2008, 08:47 PM
Even my work issued Blackberry restricts Gmail, et. al.

Woof, Woof - Dawg http://homepage.mac.com/k.j.vinson/pawprint.gif

PlaceofDis
Aug 11, 2008, 08:54 PM
Even my work issued Blackberry restricts Gmail, et. al.

Woof, Woof - Dawg http://homepage.mac.com/k.j.vinson/pawprint.gif

"work issued" so yep. only what they want and allow.

ucfgrad93
Aug 11, 2008, 08:57 PM
Yes.

It's their computers, their servers, and their internet connection. They have every right to restrict it to whatever they want.

Agreed.

scotty96LSC
Aug 11, 2008, 08:58 PM
Yes they absolutely can, and most do

Nothing done at work is private, and it is subject to be read
All internet activity can (and most likely will) be tracked and can be grounds for discipline and dismissal

Woof, Woof - Dawg http://homepage.mac.com/k.j.vinson/pawprint.gif

We had one of our senior programmers let go for just this reason. It was in the employee handbook not to use company equipment for personal use. He did, he got kicked.

ucfgrad93
Aug 11, 2008, 08:58 PM
As long as the employees are abusing the system...

Well, there is your problem!;)

emmawu
Aug 11, 2008, 08:59 PM
Absolutely! Most companies count your keystrokes and check if you are sending company related emails. You can be fired for going over the line and won't be able to collect unemployment either. Be very very careful with company email.

My husband brings his own computer to work, a MacBook Pro. If you are using company equipment, it's their rules. :(

fivepoint
Aug 11, 2008, 09:06 PM
Yes they absolutely can, and most do

Nothing done at work is private, and it is subject to be read
All internet activity can (and most likely will) be tracked and can be grounds for discipline and dismissal

Woof, Woof - Dawg http://homepage.mac.com/k.j.vinson/pawprint.gif

Dawg,
The concern was not that that they were tracking it. They can track it all they want... nothing bad there. But it seems strange and a bit 'over the top' that they would keep my wife from sending me a few emails during the day. It seems on par with telling employees that they aren't allowed to use the phone during the day.

Everyone,
Thanks for the responses. I have to say, I was a bit surprised. I mean, I completely understand that it's their computers, their servers, and all that jazz... but it seemed crazy to me that they could basically say "you have no right to contact or have conversations with anyone outside of these 4 walls during the day". I guess I get that it's their "right" to restrict it as such, but it just seems over the top restrictive, unprofessional, and just plain crazy. They should monitor traffic all they want and punish those abusing the system, but not take away the benefits of good teachers doing a great job who want to send a few emails to their husband during the day. Agreed?

Well, there is your problem!;)

Changed it. Thanks. ;)

jessica.
Aug 11, 2008, 09:11 PM
They should monitor traffic all they want and punish those abusing the system, but not take away the benefits of good teachers doing a great job who want to send a few emails to their husband during the day. Agreed?

No I don't agree if they have an IT policy then they have a policy. It's at-will employment and quite frankly, while it is cute that she and you wish to send e-mails that are probably very innocent, I think you two may want to resort to emails from cell phones or text messages. I mean if talking isn't a possibility.

From an employer's standpoint: you're here to do a job. End of story.
From en employee's standpoint: I can do my job quite well even if I send a few personal e-mails.

I can see both ways but all in all it's policy and my job is way more important than sending a personal e-mail.

It's rough but more and more companies are locking things down but again, cell phones and such work wonders. ;)

MacDawg
Aug 11, 2008, 09:18 PM
Most companies write the policy to be STRICT,
and they seemingly tolerate nothing

However, the enforcement of it is usually more lenient than that

In most cases, innocent emails will not send up a red flag and trigger discipline...
even though it violates "policy"

But, why take the chance?
If they choose to enforce it, they can
Get unlimited texting on your phones or get iPhones/Blackberrys


Woof, Woof - Dawg http://homepage.mac.com/k.j.vinson/pawprint.gif

fivepoint
Aug 11, 2008, 10:02 PM
Thanks for the information and perspective, guys. I sincerely appreciate it.

JML42691
Aug 11, 2008, 10:09 PM
Yes they do have every right to do this, it is not a violation of an employee's rights as in this case the employee is attempting to access the internet through the school's computers, servers, and most importantly, by means of the school's internet, which they are paying for. And in this case the employees would be abusing the system just by accessing private emails or other sites, as the school determines the "system." I would not risk my job with something like this, if she really wants to access private emails or any other websites that are for personal use, then get her an iPhone, unless if the school has a policy against teachers using phones during school hours, or by accessing private emails during school hours, something else that they have control over.

sushi
Aug 11, 2008, 11:07 PM
I know of some places that will only allow a company issued Thumb Drive to be connected to the computer.

If caught using a personal Thumb Drive (basically any Thumb Drive not issued to you) you will be fired.

Basically in a nutshell, these days if you are using company equipment, they have a lot of say in how your use it. One reason is security.

JNB
Aug 11, 2008, 11:13 PM
That's a computer owned by the public (taxpayers) she's using, not hers. Keep in mind that school districts, government agencies, and public companies all have varying federal and state data retention and disclosure requirements. The wife's personal email could end up being subpoenaed or subjected to an FOIA request even if unrelated to the discovery.

dmr727
Aug 11, 2008, 11:58 PM
We had one of our senior programmers let go for just this reason. It was in the employee handbook not to use company equipment for personal use. He did, he got kicked.

Wow - it's been a long time since I've been a code monkey, but apparently times have changed!

sushi
Aug 12, 2008, 12:18 AM
Wow - it's been a long time since I've been a code monkey, but apparently times have changed!
In a nutshell, they have.

toolbox
Aug 12, 2008, 02:16 AM
Yeah i have restrictions in place at work, staff are looking at myspace and facebook. That is now blocked, they then use another browser to access the site, i disable the browser from working.

I have software that monitors the computer, if something gets installed on there that is not work related say limewire, i get emailed and it uninstalls the program automatically.

Gray-Wolf
Aug 12, 2008, 04:39 AM
Its been said, if you don't want it heard, don't say it. That applies to things typed, if you don't want it read, don't type it.

People abuse the office computer/internet and it changed things in the office world. Like the cop, on duty in his patrol car, accessing child porn on the squad car computer. I happened here in Ga. a couple years ago.

garybUK
Aug 12, 2008, 05:16 AM
in the EU you are allowed by law some personal communication as long as it's not detrimental to your work. They are not allowed, by law, to intercept and/or read messages used for personal use, even if it's sent to another business mailbox!!

My company had to re-instate a few people, with pay and monetary damages employees that were dismissed as part of a e-mail scan. It didn't hold up in Tribunal

kygeographer
Aug 12, 2008, 07:06 PM
About a year ago, a county judge here in Kentucky ruled that the state had to turn over emails to a man who wanted to see messages sent between his wife and a male co-worker at a state office.

Apparently he wanted to see copies of the emails between his wife and the guy she was having an affair with. The state fought the release, but the judge ruled that it was subject to open records act, even though it was of a personal nature.

I'm pretty sure the state monitors my email use, although I've not been questioned about it yet. It's generally something they'll just use against you when they are looking for something to hang you with. I try (and most people in my office) to limit my personal use of email to my breaks and lunch. Or I'll just use text messaging if it's not something I want to be a matter of public record.

Oh, and here in Kentucky, I believe the state education agency manages the email systems that the county school districts use, so it falls under the public record act as well.

Rhosfelt
Aug 12, 2008, 07:19 PM
The teachers at my high school (when I went there) were told the same thing, however they had access to personal email sites, as we had "lab times" and were allowed to email (no attachments or anything though) so I can still communicate with my teachers that I like through that.

Given though my school was really really really small and wasn't too controlling over things like this.

iJohnHenry
Aug 12, 2008, 07:21 PM
What the Hell is wrong with the good old telephone?? :confused:

Rhosfelt
Aug 12, 2008, 07:34 PM
What the Hell is wrong with the good old telephone?? :confused:

I text my old computer and english teachers too if that is what you mean. :confused:


:p

localoid
Aug 12, 2008, 08:39 PM
My wife is heading back to school this fall. She is a elementary teacher. During one of her first day school meetings she was told that no employee of the school was allowed to use email for ANY personal purposes whatsoever. Emails are only allowed for intra-office use and discussions between teachers and other school employees. Emails going out of the building are to be sent to students' parents only. The internet is restricted to research use only for classroom lessons.

...

Your location shows "Iowa"... If your wife is working for Iowa public school system then Iowa's E-Mails and Open Records Law (http://www.iowa.gov/educate/content/view/1164/1501/) may be of interest.

fivepoint
Aug 12, 2008, 09:10 PM
Your location shows "Iowa"... If your wife is working for Iowa public school system then Iowa's E-Mails and Open Records Law (http://www.iowa.gov/educate/content/view/1164/1501/) may be of interest.

Thanks for the link. Remember though, we're not really concerned if the emails are public information or not. We're not saying anything bad or against the law in the emails, just wanting to converse like normal people during the day a few times. "Hi, how is your day going?" kind of stuff.

It's not that it will be public record... that is fine, just frustrated that management has restricted use of the internet or email (period) for any personal purposes. At my work they tend to be more trusting and let grown ups make grown up decisions. And as long as you get your work done at a satisfactory level and on time, there is no problem! I completely understand that they don't want people on ebay all day or doing personal business when they're supposed to be working... but restricting even the most basic communication over email seems a bit much. Maybe they should restrict use of the phone as well. Put the whole school on lock-down and restrict any communication leaving the building.

I guess it is their choice, but a wrong one for HR reasons, in my opinion.