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 favorably. 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.
