E-mails are more often being viewed by judges as evidence in employment law cases. Managers should change their e-mailing habits accordingly.

In addition to the official performance review, a court may look at e-mails related to a fired employee’s performance. That could be both good and bad for companies.

If the content of the e-mails is consistent with the company’s decision to fire the employee, a court might look at that favorable. But if a manager repeatedly praised the employee through e-mail, that’s a different story.

The best bet? Managers should understand that e-mail creates a permanent record and that they shouldn’t write anything they wouldn’t want to print out and keep in the employee’s personnel file.

If employees send text messages on the company’s dime, the company should be able to monitor them, right? Maybe not, according to recent court decisions.

An employer gave cell phones to a group of employees so they could communicate via text messages. The contract with the wireless provider said the company would be charged an overage fee if any phone sent more than a certain number of words in a given month. Employees had to reimburse the company for those charges.

After one employee went over his limit four times, the company obtained copies of his messages from the wireless provider. The transcripts revealed the employee was sending a lot of personal messages — in fact, many of them were sexually explicit.

The employee was disciplined, but sued, claiming his privacy was violated when the vendor provided — and the company read — his personal messages.

A jury ruled in favor of the company, before an appeals court reversed the decision. The reason: The messages weren’t the company’s property because they were stored by a third-party vendor (unlike company e-mail, which is often held on the company’s own network).

Now, the Supreme Court has agreed to hear the case. We’ll keep you posted on the outcome.

Cite: Quon v. Arch Wireless