Thanks to new “electronic discovery” rules, e-mail records have emerged as key pieces of evidence in many employment lawsuits — often in employees’ favor. Here are some common e-mail mistakes by managers that get companies in serious trouble.

In a nutshell, “e-discovery” means that, in the event of a lawsuit, an employee’s attorney will be able to sift through your company’s e-mail system to look for any messages sent by management that will help the employee’s case.

Companies most often get in trouble when managers carelessly write back and forth about the employee involved, thinking no one will be able to read the e-mails.

Here are 10 common phrases they need to avoid, according to Elizabeth Charnock, CEO of Cataphora, a provider of e-discovery software:

1. “I could get in trouble for telling you this, but …”
2. “Delete this e-mail immediately.”
3. “I really shouldn’t put this in writing.”
4. “Don’t tell so-and-so” or “Don’t send this to so-and-so.”
5. “She/He/They will never find out.”
6. “We’re going to do this differently than normal.”
7. “I don’t think I’m supposed to know this, but …”
8. “I don’t want to discuss this through e-mail. Please give me a call.”
9. “Don’t ask. You don’t want to know.”
10. “Is this actually legal?”

The bottom line for managers: E-mail creates a permanent record. Sensitive topics like legal issues are usually best discussed in face-to-face meetings.

Even harmless conversations that contain those suspicious phrases can do a lot of damage to a company.

Tags: e-mail, electronic discovery, evidence, lawsuit