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Caution Employees to Avoid Sending “Smoking Gun” E-mails

/cdklawyers.com// 09/08/2009

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 info@cdklawyers.com.

 



Press Release Contact Information:

KEITH A. CLOUSE

Clouse Dunn
Khoshbin LLP

214.220.2722
214.220.3833 ( fax)
keith@cdklawyers.com

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