An employee and a manager use AI in a heated exchange of emails. What could go wrong?

Skip to Content News Archives Economy Defence Energy Oil & Gas Renewables Electric Vehicles Mining Commodities Agriculture Real Estate Mortgages Mortgage Rates Finance Banking Insurance Fintech Cryptocurrency Defence Work Wealth Smart Money Wealth Management Investor Personal Finance Family Finance Retirement Taxes High Net Worth FP Comment Executive Women Puzzmo Newsletters Financial Times Business Essentials More Innovation Information Technology FP500 Podcasts Small Business Lives Told Tails Told Shopping Financial Post Store Obituaries Place a Notice Advertising Advertising With Us Advertising Solutions Postmedia Ad Manager Sponsorship Requests Classifieds Place a Classifieds ad Working Profile Settings My Subscriptions My Offers Newsletters Customer Service FAQ News Economy Energy Mining Real Estate Finance Defence Work Wealth Investor FP Comment Executive Women Puzzmo Newsletters Financial Times Business Essentials This advertisement has not loaded yet, but your article continues below.HomeWorkAn employee and a manager use AI in a heated exchange of emails. What could go wrong?Howard Levitt and Jeffrey Buchan: AI can exacerbate workplace disputes. Here are some guidelines to ensure resolvable personnel problems don't become big legal issuesLast updated 5 minutes ago AI produces persuasive correspondence without understanding the history between colleagues or the context behind a disagreement. Photo by Getty Images/iStockphotoA workplace dispute that might once have been settled by an initially awkward conversation can now generate pages of AI-polished accusations before the parties have even spoken.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLYSubscribe now to read the latest news in your city and across Canada.Exclusive articles from Barbara Shecter, Joe O'Connor, Gabriel Friedman, and others.Daily content from Financial Times, the world's leading global business publication.Unlimited online access to read articles from Financial Post, National Post and 15 news sites across Canada with one account.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles, including the New York Times Crossword.SUBSCRIBE TO UNLOCK MORE ARTICLESSubscribe now to read the latest news in your city and across Canada.Exclusive articles from Barbara Shecter, Joe O'Connor, Gabriel Friedman and others.Daily content from Financial Times, the world's leading global business publication.Unlimited online access to read articles from Financial Post, National Post and 15 news sites across Canada with one account.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles, including the New York Times Crossword.REGISTER / SIGN IN TO UNLOCK MORE ARTICLESCreate an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountAn employee asks ChatGPT to draft a forceful complaint about a manager. Offended by its tone, the manager uses AI to prepare a rebuttal. The employee feeds that response back into AI and sends another.This advertisement has not loaded yet, but your article continues below.A minor disagreement quickly becomes a formal exchange of allegations, creating a paper trail that triggers legal obligations for the employer and turns the employee into a pariah rather than a potential candidate for promotion.FP Work touches on HR strategy, labour economics, office culture, technology and more.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of Work will soon be in your inbox.We encountered an issue signing you up. Please try againThe problem is that AI produces persuasive correspondence without understanding the history between colleagues or the context behind a disagreement. Asked to respond to a perceived slight, it may reinforce the user’s interpretation rather than encourage direct conversation.As a result, disagreements over workload or directions can escalate into written allegations of bullying, discrimination or unfair treatment before either party has attempted to resolve them.Professional-sounding language can provide an untested grievance an authority it has not earned and does not deserve.Employers should make direct communication the default for interpersonal problems. Their policies should encourage employees to discuss disagreements with managers rather than conduct prolonged arguments by email. AI may assist with routine drafting, but it should not replace conversation. The objective is to prevent unnecessary escalation without discouraging legitimate complaints.This advertisement has not loaded yet, but your article continues below.Confidentiality creates additional risks. An employee seeking a quick summary may upload an employment agreement, disciplinary letter, customer record, accommodation request or confidential business document to an unapproved AI platform. Information the employer must protect can thereby pass beyond its control.The fact that information is being used for work does not make its disclosure permissible. Depending on the service, its settings and contractual protections, submitted material may be retained or processed by third parties. An unapproved platform can expose personal information, trade secrets, pricing or litigation strategy. Removing names may not sufficiently anonymize information if other details identify the people or transactions involved.Employers should identify approved AI tools, specify what information employees may submit, and require authorization before new services are introduced. Unauthorized disclosure may engage privacy legislation, contractual obligations and the employer’s own information-handling duties.This advertisement has not loaded yet.This advertisement has not loaded yet, but your article continues below.AI recording and transcription tools can capture sensitive discussions about performance management, accommodation, employee complaints, settlement negotiations or business strategy. Employers should establish who may authorize recordings, when participants must be informed, which tools may be used and how transcripts are stored and deleted.There is no single consent rule that resolves every workplace recording question in Canada. The legal analysis depends on the circumstances and applicable law. Even a legally permissible recording may breach workplace rules or confidentiality obligations.Accuracy matters, too. AI may misidentify speakers, omit context or misinterpret statements. A responsible person should verify transcripts and summaries before they are used in disciplinary proceedings, performance assessments or other consequential decisions.What employers should do nowAn effective AI policy should address these risks through four practical steps:1. Audit existing use. Identify the AI tools employees and managers use, along with their purposes and the information they handle. Include transcription applications and AI features embedded in familiar workplace software.This advertisement has not loaded yet, but your article continues below.2. Approve tools and set boundaries. Have IT, privacy and legal advisers assess security, data retention, contractual protections and access controls. Specify authorized platforms, restrict the information employees may submit and identify activities requiring prior approval. Make clear that AI cannot replace human accountability for employment decisions.3. Train employees and managers. Use realistic examples to explain how AI can escalate correspondence, expose confidential information and produce unreliable transcripts or assessments. Provide specific guidance for hiring, performance management, accommodation and discipline.4. Establish incident procedures and review the rules. Create a reporting process, assign responsibility for investigating breaches and determine when legal advice or regulatory notification may be required. Review the policy as technology and legal obligations evolve and enforce it consistently.The policy must respect employees’ legal rights. It should not suppress legitimate workplace complaints, protected disclosures or other legally protected activity. Employment counsel should review it for every jurisdiction in which the employer operates.This advertisement has not loaded yet, but your article continues below.Before permitting employees to use an AI tool, employers should be able to answer three questions: What information may be entered? Who is responsible for verifying its output and any decisions made based on it? What happens if the rules are breached?AI can deliver genuine productivity gains but it does not transfer an employer’s responsibilities to a software provider or excuse poor managerial judgment.Employers that establish clear boundaries can capture AI’s benefits while reducing avoidable disputes, disclosures and mistakes. Those that leave employees to set their own rules may discover that a tool intended to save time has created a far more protracted and expensive problem.Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario, Alberta and British Columbia. He practises employment law in all provinces and is the author of six books, including the Law of Dismissal in Canada. Jeffrey Buchan is an associate at Levitt LLP.This advertisement has not loaded yet.Notice for the Postmedia NetworkThis website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.