Embarrassing Email Evidence

By Lehr Middlebrooks Vreeland & Thompson, P.C.

January 29, 2020

The Federal Aviation Administration on Thursday, January 9, 2020, released damaging emails from Boeing regarding its 737 Max Jetliner. In particular, the emails relate to Boeing professionals' comments about whether Lion Air and other carriers requested training on the new plane through a simulator. One of the selling points for the Max was that an experienced 737 pilot would not need a simulator, thereby reducing the cost to the customer and expediting the timeline from delivery to flying the new plane.
 
So, what does the Boeing 737 Max have to do with employment law? The following are examples of email communications within Boeing which no doubt in addition to embarrassment will cause Boeing great expense: "Now friggin' Lion Air might need a sim[ulator] to fly the Max, and maybe because of their own stupidity. I'm scrambling trying to find out how to unscrew this now! Idiots." Or if that email was not enough to be glad that you're no longer flying the 737 Max, consider this one: "WHAT THE F%$&!!!! But their sister airline is already flying it!"  
 
We continue to be disappointed at how managers and supervisors use email as if it were nothing but casual conversation. Email is evidence mail - what is intended as electronic chit chat can become evidence in an employment-related matter. The following are important lessons learned for employers regarding workplace electronic communications:
 
1. Focus on communicating facts, not opinions. Speak your opinion but write down facts. As they say in Fairfield, Idaho, "speak your mind, but ride a fast horse."
 
2. Email is not electronic therapy. It is not a stream of consciousness correspondence. Prepare email as if you were formalizing a memo which may be reviewed by a regulatory agency or jury.
 
3. Is it necessary to copy everyone on the email? The broader the scope of people copied, the greater the risk of a "reply to all" that may be inappropriate. Only copy those who need to be copied.
 
4. Pause before you send. Often, emails are treated as if the response is immediate in a conversational manner. Be careful - each piece of email correspondence is potential evidence.