Legal Question in Technology Law in Kansas
Email ''read receipt'' legally binding?
My employer has recently started sending company ''policies'' to employees via our internal email system. In each case, the agreement is in the form of an attached document. The email text reads ''Attention: By opening this message, you are indicating receipt of this revised policy and the (company) will assume you have read and understand the policy.''
Employees are forced to agree to the terms of the policy, regardless of it's content, or be subject to termination. Previously, each individual was asked to sign a copy of the polic to acknowledge receipt and acceptance. My concerns are twofold. First, there are methods by which a read receipt could be generated without my seeing the email and could also be easily mimicked outside the email system. Second, I'm being asked to say I agree with something that I've not been able to see.
Are my concerns justified? Is it ''legal'' for the company to present binding agreements this way?
1 Answer from Attorneys
Re: Email ''read receipt'' legally binding?
I have not seen such "agreements" outside of shrinkwrap agreements for software licensing. (Perhaps other attorney colleagues on this service have seen this.) That is my guess where they are getting the idea. Typically, in the employment setting, I have seen where employees must sign that they have received and/or read their employee handbooks. It is my opinion that this is overreaching on the part of the employer. Whether it crosses the line into an unfair employment practice, in my opinion, is a close question. Are you unionized? Do you already have an employment contract? Do you currently have an employee handbook? Do you have an Internet or email use policy that predates this email you wrote about? If so, there might be some additional information that would help me give a more enlightened reply.
Thanks for your question.
Good luck.
Best regards,
Todd D. Epp, Esq.
Licensed in SD and KS.
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