Employers and HR professionals hear it all the time: You must be prepared to preserve relevant corporate information and data and produce it if you are sued. New federal court rules mandate it, as do numerous state and federal court rulings. And rightly so!
If you’re involved in litigation and can’t produce such information, you’ll probably suffer very real adverse consequences—most notably the imposition of extreme monetary penalties.
In the discovery phase of most litigation, opposing attorneys routinely request hard-copy records and electronically stored information for possible use as evidence. The records can involve all kinds of company documents, financial statements, business records, personnel files, project plans and other information.
Preserve, identify, retain
Executives, administrators, managers, HR specialists and anyone else responsible for records and data must take every reasonable step to preserve it an...(register to read more)
- A case study in how NOT to handle 'Frivolous' complaints
- The NLRB invalidates employer's confidentiality rule
- Remember, same-sex harassment is illegal, too
- Employee representing himself? Take it just as seriously as any other lawsuit
- Turnabout is fair play: Employers may be able to sue for frivolous lawsuits