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Businesses with telecommuters should take precautions to eliminate risks
Telecommuting can be a win-win scenario. Business owners save a bit on overhead expenses and gain access to talented professionals no matter where they live, and telecommuters enjoy the flexibility of working from home. However, employers with telecommuters should take additional steps to safeguard company trade secrets and other information.
One of the first decisions an employer should make is whether to allow telecommuters to work from a virtual, private company network. There are advantages and disadvantages with each option. Employers should decide on a case-by-case basis.
"The upside of allowing a telecommuter to work on the company's network is that the employer can monitor what the employee is accessing or working on," says Cohen. "The downside is that you're exposing the company network to risk by allowing access to it. Yet, for telecommuters who regularly need company files to do their job, working off the network can prove cumbersome."
Something to consider: Even telecommuters who aren't on the company network are getting access to company information, so you're exposed to risk regardless.
There are steps you can take to mitigate risk and reap the benefits of a mobile workforce. Josh Cohen, a business and technology attorney with Morgan Miller Blair law firm, suggests the following:
Do things on a need-to-know basis. Don't share beyond what needs to be communicated. For instance, if you share customer lists with all employees, you risk that information being tampered with or shared. Share only with those who need the data to do their jobs.
Utilize password protection on mobile devices. This applies to laptops, desktops at remote offices and all PDAs. Also, enforce the use of encryption and firewalls at off-site wireless environments.
Set policies for handling hard copies. If the paperwork is confidential, mark it as such on every sheet of paper and every file folder. The court will recognize the designation, and it will strengthen your case if trouble arises. Also, in the employee's work-for-hire agreement, outline procedures for destroying documents that could compromise your business if they landed in a competitor's hands.
Put it in writing. The employment agreement should include a clause for telecommuters that says they will not work for competitors for the duration of their employment. If your state allows it, consider adding that they cannot work for local competitors for up to six months after the contract expires. This decreases the value of misappropriated customer or company information.
Furthermore, clarify that company materials located off site:
- belong to the company
- can never be shared or copied without authorization and
- will be relinquished upon termination of the contract.
"When someone leaves the company, do an exit interview, hand them copies of their signed agreements and then have them sign another agreement stating that they're leaving all company information and materials behind," says Cohen. "This not only helps if you should end up in court, but it puts the individual on notice and eliminates the perception of opportunity."
