The Modern Workplace

Second, consider adopting procedures (not to be included in the handbook) for requesting and granting access to a departed employees email.  I recommend that those requests be filtered through your HR department and address issues such as: who is requesting access, for what purpose and for what period of time.  Consider whether it might be appropriate to have a disinterested individual (not the employees coworker or manager), perhaps someone from HR, do an initial review of the emails to flag those emails that might be relevant.  If, for one reason or another, it isn't practical to have someone from HR do an initial review, then consider limiting who will have access to the emails.  Additionally, be sure that the individual reviewing the emails is advised that although the company has the right to review these emails, he or she should treat any personal emails as confidential.  For example, if the reviewer reads an email that discloses the former employees HIV status, you want the reviewer to be aware that he or she should not share that information with others.  Even though the initial access to the email was proper under the company's policy, if the individual reviewing the personal email shares that information with others, the company's policy will do little to protect the individual and the company from a claim of invasion of privacy or infliction of emotional distress.  Giving some careful thought to these issues and implementing a policy and procedures in advance can help your company reduce the risk of facing such claims.