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The rules of evidence when an employee sues

September 7, 2011 by James Russo
Posted in: Employment law, In this week's e-newsletter, Latest News and Views, Legal and compliance

What do you have to hold onto when an employee files a lawsuit? And for how long?

These come from the law firm of Constangy Brooks & Smith:

You should check with your IT manager to make sure all documents, electronic and otherwise, are preserved as soon as any of the following occurs:

  • You have a credible threat of legal action (for example, a letter from an attorney or a court document)
  • An administrative complaint or charge, such as a discrimination charge with the Equal Employment Opportunity Commission, is filed against you, or
  • You receive notice that your company is being sued.

How long should you hold onto the documentation? Generally, you can get rid of it:

  • when the case is settled
  • when the losing party has exhausted all appeal rights, or
  • when the losing party has let the deadline for an appeal expire.

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