As much as e-mail has helped corporate communication, it’s also opened the doors to new legal risks for employers. Here are some common mistakes both managers and Human Resources pros make that can get their companies in serious trouble.

One problem with e-mail is that it creates permanent electronic evidence that can be used in harassment, bias and other lawsuits.

The role of e-mail as evidence in litigation has been increasing since the federal courts’ new “e-discovery” rules went into effect in December of 2006. About 24% of companies have had e-mail subpoenaed, according to a recent survey by the American Management Association.

What’s more, 15% have fought cases directly triggered by something an employee or manager said in an e-mail.

Here are some of the common mistakes that can lead to those lawsuits, courtesy of attorney Mindy Chapman, who spoke at this year’s Society for Human Resources Management Annual Conference:

• Sending dirty forwards — This one’s a no-brainer for HR — but a full 60% of e-mail users admit to having sent adult content at work. And, as many companies have found out, that’s an easy way to end up in with a harassment suit.
• Using “smoking gun” phrases — In some court cases, e-mails have turned up with phrases like “Delete this e-mail” and “Should we get a legal review?” Managers should be reminded that e-mail can’t really ever be erased, and sensitive legal issues can wait for an in-person discussion.
• Complaining about protected activities — Managers can sometimes make casual comments that look like evidence of retaliation (i.e., “I can’t believe she’s taking leave again.”). If the employee in question is ever disciplined or fired for a legitimate reason, that evidence will be hard to argue against.
• Not printing out key messages — E-mail evidence can protect employers, too. Printing out important e-mails and adding to them to personnel folders can help beef up your documentation. Also, sneaky employees might be able doctor messages to make it look like you or a manager said something you didn’t. Having your own hard copy of the real e-mail can offer extra protection.
• Forwarding an attorney’s advice — E-mails between you and your company’s lawyer are covered by the attorney-client privilege — until they’re forwarded to other people. If you think someone else needs to see the message, ask the lawyer to send a copy from his or her own address.

What should HR pros do? Usually, those mistakes are the result of managers letting their guard down and saying things over e-mail they wouldn’t say elsewhere. But they should be reminded that every time they write an e-mail, they’re writing a permanent legal document.

More e-mail etiquette mistakes

Aside from messages that scream “Please sue me,” some e-mail goofs just cause major resentment or minor irritation. Some other mistakes managers should avoid:

• Giving negative feedback — About 17% of managers admit to using e-mail to avoid difficult conversations. Given how easily written messages can be misinterpreted, bosses need to know when to talk face-to-face with an employee.
• Sounding too urgent — What do most employees think when their boss sends an e-mail saying, “Come to my office ASAP?” Odds are, it’s that they’re in serious trouble. Managers should be more gentle when trying to get someone’s attention — or pick up the phone.
• Using sarcasm — It’s easy for a written message to sound much more insulting than the writer intended. Always read everything before it’s sent to see how it’ll sound to the recipient.
• Ignoring the trash can — No spam filters are alike, and all are fallible. The spam folder should be checked periodically to see if any important messages have been mis-categorized.

Tags: dirty e-mails, discrimination, e-mail, e-mail policies, harassment