These days, much of the evidence used in employment litigation is electronic—such as attendance records. Courts require employers to preserve such evidence when employers reasonably know that a lawsuit could arise.
If evidence is destroyed, courts can impose heavy financial sanctions and even hand a win to the other side without a trial.
Work closely with your managers and your attorney to prevent accidental record destruction.
Recent case: Chad Bryden sued, claiming he had been terminated for requesting. He learned that the company’s outside IT vendor had accidentally destroyed all e-mails, including some that might have shown when he asked for leave.
Fortunately for the employer, it had some handwritten records that provided the information. (Bryden v. Boys and Girls Clubs, No. 09-C-50290, ND IL, 2011)
- Don't deduct FMLA leave from hours worked when calculating absenteeism ratio
- How do California and federal laws treat surrogate motherhood?
- Breast-feeding: Develop wise policy for staff, customers
- Ballot initiatives in several states and cities usher in employment law changes
- Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?