Facing legal action? Know when to put a ‘litigation hold’ on your email purging — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Facing legal action? Know when to put a ‘litigation hold’ on your email purging

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in Centerpiece,Employment Law,Human Resources

filing emailMost organizations follow a regular policy of purging old emails and computer files to free up network space.

But be alert: Email messages are official company records that can be summoned in a lawsuit. If your organization knows—or “reasonably should know”—that the e-info could be used as evidence in future litigation, you have a legal duty to put a “litigation hold” on any deleting of emails or electronic data.

Most employers aren’t aware of this risk. In fact, two-thirds of trial lawyers say that when their clients are notified of a lawsuit, the clients “rarely or never” take steps to preserve electronic date, according to a survey by the American Bar Association.

Work with your IT department to disengage any auto-delete feature for email or other e-information.

Recent case: A college in Wash­­ing­­ton state had a policy to delete former employees’ email accounts 30 days after their terminations.

When three employees were...(register to read more)

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