We’ve all heard an embarrassing story where someone hit “send” before an email or text was finished, sent a sensitive email to the entire group when it was intended for only one recipient, or wrote something they instantly regretted.

On September 9, 2011, the Toronto Star reported on a wrongful dismissal lawsuit initiated by a former office assistant at a prominent Canadian criminal defence firm. The plaintiff, Ms. Tracy Francis, alleges that she was fired without cause. She is claiming wrongful dismissal damages of $106,000 and “moral damages” of $85,000 for the bad-faith manner in which she was terminated.

The law firm denies these allegations, stating in its defence that it fired Ms. Francis for cause due to “… persistent, vexatious, offensive and discriminatory” email correspondence about a firm lawyer. Ms. Francis denies this and claims that the law firm itself has an entrenched culture of emails between lawyers disparaging other lawyers and the judiciary.

While none of the allegations in this case have been proven in court, it provides a useful opportunity to review common dos and don’ts for workplace emails and texting. For both employers and employees, here are practical guidelines:

  • Keep your emails or texts professional, respectful, and positive.

  • Maintain professionalism by avoiding personal comments.

  • Do not send an email or text while angry or upset.

  • Do not send an email or text under the influence of alcohol or other mind-altering substances.

  • Don’t write anything in an email or text that you would not want to appear publicly.

  • Avoid name-calling, threatening, or resigning abruptly in an email or text.

  • Be careful not to mix up “Reply” and “Reply All” in an email.

  • Fill in the “To” email address last to avoid unintentionally sending a message before it is ready.

Remember: emailing and texting are now standard forms of workplace communication, and both are commonly used as evidence in litigation. Bottom line: use common sense and judgment before drafting a workplace communication, so it does not send the wrong professional message about you.