by Ben Mounts
Lawsuits are hard. Don’t make them harder for yourself or your employer by failing to preserve relevant evidence. You need to know that employers have a duty to preserve relevant evidence in employment cases—whether it’s pictures, products, documents, or electronically stored information—and there can be serious repercussions when you [...]
Archive for the 'Document Retention' Category
by Ben Mounts
What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old?
Those were questions recently put [...]
The hiring process has a way of creating a lot of paperwork. A single job opening can bring a flood of resumes, cover letters, and applications from a horde of hopefuls. Once the decision has been made, the question becomes what to do with the pile of documents the hiring process generates.
Recently, a group [...]
by Gary S. Fealk
“I know we had an e-mail/videotape/memo about that, but I can’t find it.” You might be surprised to learn that lawyers are often told there’s a key piece of evidence that would help in the defense of an employment claim, but the client just can’t seem to track it down. Let’s look [...]
Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your [...]
by Steve Jones
Q: My company recently conducted an I-9 audit and found that we are missing approximately a dozen I-9 forms. I don’t know if they were accidentally purged, filed incorrectly, or never completed. Can we ask the affected employees to fill out another I-9? If so, do we ask them to backdate it or [...]
The worst-case scenario for any claim involving an employment-related decision is the “smoking gun” piece of evidence that destroys the case. It could be a notation in an interviewer’s notes that the applicant was “old” or a supervisor’s note indicating that the recently terminated employee “complained about safety issues a lot.” Because you generally have [...]
by Joseph C. Pettygrove
Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and accessible [...]
In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.
In fact, the perception might [...]
Metadata is becoming an ever-present threat to today’s legal and business interactions. While the concept sounds daunting, it’s important to understand what metadata is, how it can be used against employers, and how to limit the associated risks.
Audio Conference: Practical ESI Management for HR: Rules for Controlling Electronically Stored Information