if an employee sends an abusive email from their work email, is this in the course of employment?

[ilovemydogandMrObama]

recently needed an expert opinion about an issue. The expert works for a university, uses the university email address, but invoiced me as a private consultant.

There was a misunderstanding about a bank transfer, putting it very very diplomatically. Actually what probably happened is that the name transmitted on the bank transfer was DH's name as it came out of a joint account, and wasn't recognized as emanating from me.

The expert meanwhile starts sending abusive emails saying that I am lying about having paid and other bizarre statements including that I have taken advantage of him. The bank insist the bank transfer was sent to the account provided and have receipt.

As these emails are getting more personal, and since he is sending them from an academic institution, whether this would be in the course of employment or not?

Was the bank transfer something connected with the university? Or was it personal to him and he just happened to use his work email? I would say if the bank transfer you were discussing was to do with the business of the university, then he was sending the emails in the course of his employment. But I'm not an expert!

It will almost certainly be against his university's IT policy to send abusive emails. The university's policy should be available publicly on its website. I'd probably pursue this route first.

Unfortunately, academics don't have line managers per se, and even when it's a clear cut case of abuse occurring within the place of employment, universities are notoriously crap at dealing with bad staff, especially if they're research stars.

What are you hoping to achieve here? I'd resolve the issue of this payment, ignore the rest of his emails, and never use him again. There's little else you will be able to do I'm afraid.

'Reading between the lines, you want to 'shop' this guy to his employers.'

If this is the case, pointless. You'd be on a hiding to nothing; not worth the angst.

Magichomes speaks sense.

I don't particularly want to get him into trouble, and really just want the abusive emails to stop.

As far as I was concerned, the bill had been paid, but last night he sent an email saying that I had no intention of paying him, and when I pointed out that I had in fact paid, he instantly replied and said I was lying. He then sends a further 5 emails today that are just nasty and quite personal.

I did call my bank and they say that transfer was accepted by his bank. On one hand I believe him, that he didn't receive it, but on the other, my bank have provided the evidence that it has been sent and confirmation that his bank have it.

Of course I want to help, but it's a bit difficult when the goodwill has gone.

Ah, didn't know about a transaction code. Thanks. Am going to bank tomorrow and will ask about this.

Stop communicating with him.

State "I have documentary proof that you have been paid X amount on this date. If you continue to pursue me in this increasingly abusive manner you will leave me with no option but to report you to your HR Department. Whilst I employed you in a private capacity you are now communicating with me using your work email address and I am sure you are governed by a strict code of ethics".

And leave it at that.

Anything further, delete it.

I had something similar once (but not the abusive bit) - I sent money but it didn't get into the recipients' bank account.

I had to get the codes and send them to the other person for him to send to his nak, and we ended up with him eventually getting the money (and with his bank and my bank both insisting that it was the other banks' problem)

This question may be more appropriate on Money Matters or the Legal Forum.

Ignore the question of "grassing him up" it will get you nowhere.

If the emails really are abusive then you should take them to the University's HR department. Lots of academics doing "consultancy" forget to declare it though so you may be opening a can of worms.

I do not think that the University will be bothered, They will say "Nothing to do with us"

If he continues to send you abusive emails report him to the police for harassment.

I disagree with WV when she says "I do not think that the University will be bothered".

My uni would be very concerned about someone sending abusive emails from an email address that was associated with them.

Our IS policy explicitly states that we "should not transmit material which is offensive or inappropriate".
It also states that we "should not transmit commercial material unrelated to the legitimate educational business of University X".

send the proof and tell him to piss off.

Or maybe word it more politely

and end with "I look forward to receiving your apology."

Have you checked the bank account details with him? An error will mean it goes astray (and you may have used exactly what he gave you but he might have given the wrong details). Also I would send him details of the exact amount sent, the date sent and the details of where it came from because his bank will need it to do a trace.

And yes, the university will be very concerned if someone is using their email systems to send abusive emails. They have a duty of care and it's their reputation on the line too.

I think you should complain to his senior at the university. If anyone of my staff used the work email address to insult/bully someone, then it would be treated as a disciplinary issue as they would be bringing the company into disrepute, and using the organisation's resources (company email - paid for out of the public purse) for personal benefit.

Ok, so

1. Universities will quite often let academics off the hook. (one of 'their own')
2. Perhaps they will see complaint as legitimate
3. All consultancy work should be declared to the institution.

Options:

Be clever perhaps -

1. contact the department that manages academics acting as external consultants (there usually is one - if not an 'experts' list manager) and start liaising with them instead. this will give you an idea as to how transparent he has been.

1. Ask him for the above department's finance officer to talk about the payment - that will flush out any disnhonest activy

1. Talk to the chair of his department, openly say 'about the consultancy work x is doing' - the 'gentlemen' agreement will allow this to go away and stern words, and perhaps a nod to the chair that he is sailing too close to the wind.

1. contact his department's finance officer about the consultancy payment before doing 3. This will drive him insane, but your defence is 'sorry I wanted to get to the bottom of this'.

1. A direct e-mail back with no meat for academic discussion eg 'This has been paid - reference 123132' regards

(academics equate short e-mails with importance!)

stern words from the chair, and.. (sorry