E-mails can jeopardize your job, the Mark Sanford scandal shows

Mozilo has denied the allegations.

In this electronic age, companies are monitoring their workers' e-mails with a prevalence that far surpasses that of wiretapping phone calls. And most experts say the high-tech snooping is on the rise.

Nearly 30% of employers have fired employees for e-mail misuse, with reasons including inappropriate language, excessive personal use and breach of confidentiality, according to a 2007 survey from the American Management Assn. and consulting firm EPolicy Institute.

Just after landing a job abroad in 2001, an employee of a Washington-based investment firm sent an e-mail to friends through his work account about his plans to sleep his way through the local female population. He also bragged about bankers who "cater to my every whim."

He was forced to resign when the e-mail went viral.

Companies increasingly are trying to protect themselves from wrongful termination lawsuits by monitoring mundane communications, Charnock said. Her company often does e-discovery work.

Businesses often employ software that flags e-mails with phrases such as "delete this e-mail," "I could get in trouble for telling you this" and "just between you and me," she said.

"I'm always surprised how many people in an e-mail about a contract negotiation will talk about how they have the hots for a co-worker even if they're married," Charnock said.

Employees should rarely expect privacy with a work e-mail account, said Ron S. Brand, a partner with employment law firm Fisher & Phillips. Courts tend to side with employers, many of whom now have strict policies governing e-mail use and stating their ownership of e-mailed content, Brand said.

Even e-mails sent from personal accounts during personal time can be subpoenaed if they contain information about an employer, experts said.

"But this is still a developing area of the law, and there are so many permutations," Brand said. "A lot of employers take the pragmatic view that it's virtually impossible to monitor every employee's activities."

Still, experts advise employees to never send e-mails at work or through their company accounts that they wouldn't want publicized. Workers should pretend that a supervisor is reading every message.

An e-mail informing a spouse when you'll be home is easily forgiven, most agree. But using the office server to download music or hunt for jobs is asking for trouble. The "reply to all" button is also dangerous.