Jon Gruden's Abrupt Resignation Serves as a Reminder for All Employers
The email scandal involving now-former Las Vegas Raiders head coach Jon Gruden offers an opportunity to remind both employers and employees that the “e” in email frequently stands for “evidence.”
A mere three years ago, the Raiders lured away Mr. Gruden from a reported $6.5 Million annual salary as an analyst with ESPN. The Raiders reportedly offered Mr. Gruden a $100 Million, 10-year deal to coach, and effectively become the face of, the Raiders franchise.
Enter the Washington Football Team’s discrimination and harassment investigation. According to published reports, in the years prior to Mr. Gruden’s hiring by the Raiders, Mr. Gruden sent several problematic messages to an executive with the Washington Football Team.
Mr. Gruden apparently sent offensive emails to that executive’s official WFT team email account. The emails were discovered as part of an investigation into the allegedly discriminatory employment practices the WFT. The discovery prompted the Raiders to ask for, and accept, Mr. Gruden’s resignation.
Though swift, and arguably stunning, Mr. Gruden’s fall is all too common in the world of corporate email. Experienced labor and employment lawyers frequently encounter scenarios involving company stars whom let down their guard in email or text message communication. For whatever reason, people tend to say things via text message and email as though they are having a private conversation.
These communications, when sent to or from company accounts or over company servers, are not private. Even “double-deleted” texts and emails can be recovered with little effort by a competent forensic examiner. Things long ago forgotten can be brought back to life with a simple sweep of a computer, tablet or phone.
What can you, as an employer, learn from the Gruden debacle (setting aside the obvious advice of don’t be an awful person who would say the things Gruden is alleged to have said in the emails)?