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.