Your new job comes with a company-furnished PDA, cellphone and laptop computer. Sweet! What's not to like about free technology?

But, before you tell all your friends your new number or start downloading from your favorite Web sites, best check the small print in the employee handbook. Most companies have guidelines, rules and policies concerning the use of their equipment. Some employers use software to monitor technology use; all are capable of retrieving data in case of suspected wrongdoing.

Photos by LEITA COWART/Special (ENLARGE)

Greg Hare, a labor and employment attorney with Ogletree Deakins in Atlanta, says companies should be able to prove that employees read and agree with technology policies.

(ENLARGE)

Cathy Davis (from left), design sales consultant for Closets and More; Jeff Lewis, company president; and COO Sandy Hofmann talk about a closet plan in the Buckhead showroom. Hofmann said that company technology stores important information about customers as well as trade secrets, and employees need to be educated about their responsibility for safeguarding the data.

It's wise to know the limits and responsibilities that come with the tools.

The use of technology is pervasive in today's workplace. Companies issue laptops, cellphones and other devices to employees because having those tools helps them be more productive.

While technology is a necessity in a global economy, it has opened a Pandora's box of security, ethics and liability issues for employers and employees, said Greg Hare, a labor and employment attorney with Ogletree Deakins.

"It's no longer the 8-to-5, factory kind of workplace," he said. Business often is conducted virtually, and work equipment goes home.

Hare strongly advises employers who issue technology to accompany it with clear guidelines and policies to minimize their exposure to lawsuits and the potential for lost information.

"They should have a way to prove that the employee received the information and signed off on it," he said. That could be a signed form saying that the employee read the handbook or attendance sheets at quarterly training sessions.

Better safe than sorry

Employers need to take precautions, because company-issued technology can raise an employer's general liability, Hare said.

For example, say an employee is using his company BlackBerry on a Saturday morning in the car, and he hits a minivan full of soccer players on their way to a game.

"The players could sue the employee and his insurance company, but, if they pull the BlackBerry's records and see that he was working, they can also name his company," Hare said.

A tort claim against the company could greatly increase the monetary damages, especially if people are hurt.

But if the company had a policy that stated that the BlackBerry could not be used while driving, "then the company can argue that it took steps to avoid this kind of situation. The employee violated company rules, and the company couldn't be held responsible," Hare said.

Payment for overtime is another area in which litigation may arise and evidence may be taken from technology records. An hourly employee can use laptop records to show that he worked from home to complete a project on time.

"If he was working from home, the company should be paying him for it," Hare said. However, if there's a company policy that says that overtime must be authorized, and the employee works without authorization, he could be disciplined or even fired for cause.

"You can't argue that you didn't know the policy if you signed off on the company handbook," Hare said. "One consistency in contract law is that, if you signed it, it's your own fault if you didn't read it."

Workers' compensation issues can arise from workers who are telecommuting. Suppose someone trips over his child's toy in his own home and breaks his leg? That sounds like a personal insurance matter. But suppose he was racing to the phone to have a conference call with his boss? Technically, it could be argued that he was on the job.

"Experts estimate that about 40 [percent] to 50 percent of all civil cases have something to do with employee relationships," Hare said.

Lawyers from both sides of those lawsuits will pull the records from company PDAs, cellphones and laptops. "Those records can offer irrefutable evidence," Hare said.

A little preliminary education

While tools allow workers to work more efficiently, there are obvious and hidden costs associated with them.

"If a company gives an employee a vehicle, it's going to make sure the person can drive, has a good driving record and that insurance is in place," said Sandy Hofmann, chief operating officer of Closets and More and chair of the board of directors of the Atlanta chapter of the Society for Human Resource Management. "Yet, we think nothing about giving someone a laptop, where they will be driving down the information highway.

"Companies who have granted employees the privilege of having technology also need to educate them on how to protect what may be on that computer. The guidelines for use need to be clear."

Years ago, corporations kept confidential information under lock and key. With that data — including trade secrets and customers' credit card information — now held electronically, "companies need to consider the value of that information and how they are going to protect it. They have an obligation to their stakeholders," Hofmann said.

Written and spoken policies can help employees understand their responsibility to protect the equipment and information entrusted to them. That responsibility doesn't end at the workplace. Leaving a company computer in an unlocked car is careless; loaning it to a friend and putting customer information at risk is misuse and could end in firing or litigation.

"Employees need to be aware that the technology devices they use are company-owned assets. Anything you put on your cellphone or laptop that is personal and confidential could be monitored and accessed by the company," said Brenda Standridge, director of technical services for Simmons Bedding Co.

There should be no expectation of privacy. Threatening e-mails to your ex-spouse, test results from your doctor or lawsuit-strategy discussions with your attorney don't belong on your work computer. Neither do visits to salacious Web sites or online betting pools. If your computer is found to have child pornography on it, your company may have a legal obligation to report you to the federal authorities.

Standridge has seen company phones and laptops used for stalking, sexual solicitation or harassment.

"People think text messages leave no record, but that is absolutely not true. Those messages are kept on file by the carrier, and they can be pulled," she said.

Her company's new policy doesn't allow text messaging on company cellphones, largely because of the extra costs incurred. Company-issued laptops are configured so that no one can download files that would modify the operating system.

"This helps to protect the equipment and the company, because a lot of [viruses and spyware programs] come through downloaded files," she said.

Employees are told that they must comply with all state and federal laws in using the equipment and that, if they lose or damage it, they are responsible for replacement costs.

Appropriate use of company equipment during and after business hours is covered by Simmons Bedding Co.'s business and ethics policies.

"Companies who provide tools without corresponding guidelines are asking for trouble," Standridge said.

Conversely, employees should pay close attention to those policies and confidentiality requirements. If they are allowed to use equipment for personal purposes, they should exercise good judgment.

Anything an employee puts on a work device should be able to pass the "sunshine test — meaning you wouldn't mind sharing it with anyone who cared to listen in the light of day," Standridge said.

Hare calls it "The New York Times rule."

"Never write anything you'd be embarrassed to have seen on the front page of the newspaper," he said. "Why would you think anything you send electronically would be kept secret? All anyone has to do is hit forward [to share an e-mail]."

Banker and blogger beware

Clearly, if you're surfing the Net, searching job boards, playing games or visiting political blogs — even if on your own time — those aren't the tasks for which you were issued a business computer, said Edward Buckley, an attorney with Buckley & Klein, an Atlanta employment law firm.

"If it's a business tool, use it for business. Don't chat with your girlfriend or boyfriend on your company e-mail account," he said. Set up a personal account or, better yet, use your own computer.

The same goes for online banking. You don't want anyone potentially monitoring that or gaining access to your account.

"Every keystroke can be tracked, or potentially tracked, so why create that opportunity for others to invade your privacy?" he said.

Blogging about the internal workings of your workplace can be dangerous.

"If you rip into the company or an individual, you may say you were just getting something off your chest. But if you're harming the company or someone's career, you could be staring down the barrel of a defamation suit," Buckley said. "You're better off going to have a beer with a friend."