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More Email Professions of Love

January 29th, 2008 · 2 Comments

It just may be necessary to begin taking computers, blackberries, and anything else that allows electronic communications away from executives.  As previously noted on this blog, it’s too risky for them and their employers.

The latest argument for this computer recall comes from Detroit.  As explained in part by an article in the Detroit Free Press, two whistleblower cops sued the city, claiming that they had been fired because of their roles in an internal affairs investigation of the mayor’s security team.  The problem?  The investigation could have exposed an affair between the mayor and his chief of staff.

The case went to trial, during which both the mayor and his chief of staff flatly denied the affair–under oath, of course.  The jury sided with the cops, awarding one of them $3.9 million and the other $2.6 million.  The mayor vowed an appeal, but one month later, the case was settled for a total of $8.4 million.  Legal costs brought the total cost for the city to over  $9 million.

Why the settlement?  After the trial, a review of 14,000 text messages (which the city had been successful in keeping under wraps until after the trial) removed any doubt about the affair.  They also disclosed that the mayor and his chief of staff had made the decision to fire one of the cops, something they had repeatedly denied.

The Detroit Free Press declined to publish some of the email exchanges between the mayor and his chief of staff because of their explicit nature.  Here’s a sample of what it did publish:

“I’m madly in love with you.”

“I hope you feel that way for a long time.  In case you haven’t noticed, I am madly in love with you, too!”

“And did you miss me, sexually?”

“Hell yeah!  You couldn’t tell.  I want some more.”

“I’ve been dreaming all day about having you all to myself for 3 days.  Relaxing, laughing, talking, sleeping and making love.”

Prosecutors are now trying to decide whether to bring criminal perjury charges against the mayor and his chief of staff.

Although the mayor hasn’t addressed the testimony that he and his chief of staff gave at trial, he did issue a statement after the whistleblower case was settled and the emails came to light, saying that they were “profoundly embarrassing” and reflected “a very difficult period” in his life.  It may get more difficult now.

As human resources professionals, you must get across to your executives somehow or the other that emails have become the ultimate smoking gun in employment cases.  You–or someone–must monitor your executives’ emails to watch for stuff like this.  If they can’t help themselves, you need to help them.  As we see, it’s not just the executives who suffer, it’s the employer.

Tags: In the Courts · C-Suite

2 responses so far ↓

  • 1 Eric // Feb 1, 2008 at 12:58 pm

    Of course it cuts both ways. As the WSJ blog recently noted, using company email to send communications to your attorney can waive the attorney client privilege.

  • 2 John Phillips // Feb 1, 2008 at 1:53 pm

    If that becomes the prevailing law on the subject, then maybe we should advise clients to stop emailing–period. I’m not sure there’s much left to the attorney client privilege anyway.

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