Handle with care

Tag : Used Computer Equipment

It's wise to know the limits and responsibilities that come withthe tools.
The use of technology is pervasive in today's workplace. Companiesissue laptops, cellphones and other devices to employees becausehaving those tools helps them be more productive.
While technology is a necessity in a global economy, it has openeda Pandora's box of security, ethics and liability issues foremployers and employees, said Greg Hare, a labor and employmentattorney with Ogletree Deakins.
"It's no longer the 8-to-5, factory kind of workplace," he said.Business often is conducted virtually, and work equipment goeshome.
Hare strongly advises employers who issue technology to accompanyit with clear guidelines and policies to minimize their exposure tolawsuits and the potential for lost information.
"They should have a way to prove that the employee received theinformation and signed off on it," he said. That could be a signedform saying that the employee read the handbook or attendancesheets at quarterly training sessions.
Better safe than sorry
Employers need to take precautions, because company-issuedtechnology can raise an employer's general liability, Hare said.
For example, say an employee is using his company BlackBerry on aSaturday morning in the car, and he hits a minivan full of soccerplayers on their way to a game.
"The players could sue the employee and his insurance company, but,if they pull the BlackBerry's records and see that he was working,they can also name his company," Hare said.
A tort claim against the company could greatly increase themonetary damages, especially if people are hurt.
But if the company had a policy that stated that the BlackBerrycould not be used while driving, "then the company can argue thatit took steps to avoid this kind of situation. The employeeviolated company rules, and the company couldn't be heldresponsible," Hare said.
Payment for overtime is another area in which litigation may ariseand evidence may be taken from technology records. An hourlyemployee can use laptop records to show that he worked from home tocomplete a project on time.
"If he was working from home, the company should be paying him forit," Hare said. However, if there's a company policy that says thatovertime must be authorized, and the employee works withoutauthorization, he could be disciplined or even fired for cause.
"You can't argue that you didn't know the policy if you signed offon the company handbook," Hare said. "One consistency in contractlaw is that, if you signed it, it's your own fault if you didn'tread it."
Workers' compensation issues can arise from workers who aretelecommuting. Suppose someone trips over his child's toy in hisown home and breaks his leg? That sounds like a personal insurancematter. But suppose he was racing to the phone to have a conferencecall with his boss? Technically, it could be argued that he was onthe job.
"Experts estimate that about 40 [percent] to 50 percent of allcivil cases have something to do with employee relationships," Haresaid.
Lawyers from both sides of those lawsuits will pull the recordsfrom company PDAs, cellphones and laptops. "Those records can offerirrefutable evidence," Hare said.
A little preliminary education
While tools allow workers to work more efficiently, there areobvious and hidden costs associated with them.
"If a company gives an employee a vehicle, it's going to make surethe person can drive, has a good driving record and that insuranceis in place," said Sandy Hofmann, chief operating officer ofClosets and More and chair of the board of directors of the Atlantachapter of the Society for Human Resource Management. "Yet, wethink nothing about giving someone a laptop, where they will bedriving down the information highway.
"Companies who have granted employees the privilege of havingtechnology also need to educate them on how to protect what may beon that computer. The guidelines for use need to be clear."
Years ago, corporations kept confidential information under lockand key. With that data — including trade secrets andcustomers' credit card information — now held electronically,"companies need to consider the value of that information and howthey are going to protect it. They have an obligation to theirstakeholders," Hofmann said.
Written and spoken policies can help employees understand theirresponsibility to protect the equipment and information entrustedto them. That responsibility doesn't end at the workplace. Leavinga company computer in an unlocked car is careless; loaning it to afriend and putting customer information at risk is misuse and couldend in firing or litigation.
"Employees need to be aware that the technology devices they useare company-owned assets. Anything you put on your cellphone orlaptop that is personal and confidential could be monitored andaccessed by the company," said Brenda Standridge, director oftechnical services for Simmons Bedding Co.
There should be no expectation of privacy. Threatening e-mails toyour ex-spouse, test results from your doctor or lawsuit-strategydiscussions with your attorney don't belong on your work computer.Neither do visits to salacious Web sites or online betting pools.If your computer is found to have child pornography on it, yourcompany may have a legal obligation to report you to the federalauthorities.
Standridge has seen company phones and laptops used for stalking,sexual solicitation or harassment.
"People think text messages leave no record, but that is absolutelynot true. Those messages are kept on file by the carrier, and theycan be pulled," she said.
Her company's new policy doesn't allow text messaging on companycellphones, largely because of the extra costs incurred.Company-issued laptops are configured so that no one can downloadfiles that would modify the operating system.
"This helps to protect the equipment and the company, because a lotof [viruses and spyware programs] come through downloaded files,"she said.
Employees are told that they must comply with all state and federallaws in using the equipment and that, if they lose or damage it,they are responsible for replacement costs.
Appropriate use of company equipment during and after businesshours is covered by Simmons Bedding Co.'s business and ethicspolicies.
"Companies who provide tools without corresponding guidelines areasking for trouble," Standridge said.
Conversely, employees should pay close attention to those policiesand confidentiality requirements. If they are allowed to useequipment for personal purposes, they should exercise goodjudgment.
Anything an employee puts on a work device should be able to passthe "sunshine test — meaning you wouldn't mind sharing itwith anyone who cared to listen in the light of day," Standridgesaid.
Hare calls it "The New York Times rule."
"Never write anything you'd be embarrassed to have seen on thefront page of the newspaper," he said. "Why would you thinkanything you send electronically would be kept secret? All anyonehas to do is hit forward [to share an e-mail]."
Banker and blogger beware
Clearly, if you're surfing the Net, searching job boards, playinggames or visiting political blogs — even if on your own time— those aren't the tasks for which you were issued a businesscomputer, said Edward Buckley, an attorney with Buckley & Klein, anAtlanta employment law firm.
"If it's a business tool, use it for business. Don't chat with yourgirlfriend or boyfriend on your company e-mail account," he said.Set up a personal account or, better yet, use your own computer.
The same goes for online banking. You don't want anyone potentiallymonitoring that or gaining access to your account.
"Every keystroke can be tracked, or potentially tracked, so whycreate that opportunity for others to invade your privacy?" hesaid.
Blogging about the internal workings of your workplace can bedangerous.
"If you rip into the company or an individual, you may say you werejust getting something off your chest. But if you're harming thecompany or someone's career, you could be staring down the barrelof a defamation suit," Buckley said. "You're better off going tohave a beer with a friend."