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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


Constangy, Brooks, Smith & Prophete, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.