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Document Preservation in Employment Disputes

Oct 22, 2024

How to Save Company Documents in Employment Disputes

Introduction

  • Critical importance of saving company documents for legal cases.
  • Applicable especially if suspecting unlawful work practices.
  • Part 3 of a 4-part series on documenting workplace misconduct.
  • Disclaimer: Not legal advice, consult a local lawyer.

Importance of Saving Company Documents

  • Proof: Essential for substantiating claims in legal proceedings.
  • Leverage: Good evidence increases the likelihood of favorable settlements.
  • Prevention: Avoids losing key evidence that could have been saved.

When to Save Documents

  • Conditions to Start Saving:
    1. Significant issue at work.
    2. Issue impacts job performance.
    3. Suspicion of unlawful conduct or patterns.
  • Recommendation: Err on the side of caution, save when in doubt.

Key Documents to Save

  1. Emails and attachments: Ensure all related attachments are preserved.
  2. Complaints: Save any complaints made and responses received.
  3. Performance documents: Reviews, client feedback, disciplinary actions.
  4. HR Documents: Employee handbook, job descriptions, pay stubs.
  5. Confidential Documents: Relevant to the case.

Strategies for Saving Documents

  1. Print Documents: Hard copy preferred, scan and save at home.
  2. Print to PDF: Use an independent email, avoid work computers.
  3. Photographs: Use personal phone, ensure full document capture.
  4. Log Documents: Maintain a detailed log of document details.

Avoidance Strategies

  • Forwarding emails to personal accounts.
  • Storing documents on company devices.

Handling Confidential Documents

  • Stay Calm: Laws often protect whistleblowers.
  • Counterclaim Risk: Be aware of possible company retaliation.
  • Recommendations:
    1. Only take documents accessed through normal employment.
    2. Take only relevant documents.
    3. Preserve discreetly.
    4. Share only with your attorney.
    5. Trust your attorney's handling of documents.

Conclusion

  • Importance of preserving all forms of evidence, including text messages which will be covered next.
  • Encouragement to seek legal consultation when necessary.

Call to Action

  • Subscribe to the channel for more videos.
  • Share the video if you find it helpful.
  • Contact the speaker’s office for Californians with employment disputes.

Full transcript