11 Employer FAQs (No. 3): When do I have to start saving electronic evidence?


Over the next 9 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box. I may also have more in-depth postings as circumstances warrant.

Employer FAQ No. 3: When do I have to start saving electronic evidence?

You should start preserving electronic documents (emails, Word and Excel files, Power Point shows, etc.), as well as text messages, voice mail, and any other relevant evidence, as soon as the first of the following occurs:

*You have a credible threat of legal action (for example, a letter from an attorney with a draft complaint attached).

*An administrative complaint or charge, such as a discrimination charge with the Equal Employment Opportunity Commission, is filed against you.

*You are sued.

Please see full article below for more information.

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Written by:


Constangy, Brooks, Smith & Prophete, LLP on:

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