callihan44 Posted May 28, 2020 Share Posted May 28, 2020 (edited) my company is getting sued so I was told to retain emails from certain upper management from the president, now Im being told not to retain them until I get an official notice from the law firm ...This feels fishy, like someone wants to go in and "clean" up....i warned the pres that "deleted" doesnt necessarily mean completely gone.... anyone been in this position ? Im documenting everything at this point....what is more concerning is I wasnt told this in an email, I had a personal visit so technically there is no record of it Edited May 28, 2020 by callihan44 Link to comment Share on other sites More sharing options...
nrf Posted May 28, 2020 Share Posted May 28, 2020 (edited) you are in a tight spot leaving you vulnerable as a scapegoat. does your company have a legal department you could consult with??? one way to help yourself might be to follow up the verbal exchanges with email confirmations but I am not a lawyer... it might be a good idea to consult written company policy documents as well. Edited May 28, 2020 by nrf Link to comment Share on other sites More sharing options...
JackoUK Posted May 28, 2020 Share Posted May 28, 2020 IANAL ... and without details of the litigation but ... ... I would check that the backups are working and that all records are kept. If your management team is honest then they might end up thanking you for proving their case. If not ... and they fire you ... then I'd expect you to have an easy claim for unfair dismissal and you might well be better out of such a company anyways. Easy for me to say of course! 1 Link to comment Share on other sites More sharing options...
Trig0r Posted May 28, 2020 Share Posted May 28, 2020 I never delete emails, and at the last place i worked EVERYTHING was given a follow up email, annoyed people but those that it annoyed tended to be those people that say one thing to your face and then something else when its in email form, or when you catch them out they sudddenly remove people that are cc'd into the email.. Be careful, and remember Doing the right thing is always the right thing. Link to comment Share on other sites More sharing options...
cskenney Posted May 28, 2020 Share Posted May 28, 2020 I would refrain from deleting anything that could be pertinent to the case if you already know a lawsuit has been filed. It could end up drawing you into the litigation. I am not a lawyer but I have seen lawsuits happen where an employee computer is taken and entire hard drive is copied to retain records. Many companies have record retention policies to limit the scope of information like this. It is up to the employees to be following the company policy if automatic processes are not already in place. Link to comment Share on other sites More sharing options...
Al_Borges Posted May 28, 2020 Share Posted May 28, 2020 (edited) the couple of times I've been involved in this sort of thing , I was told not to delete anything until I was given the go ahead by our legal department I dont think this is being handled properly Edited May 28, 2020 by Al_Borges 1 Link to comment Share on other sites More sharing options...
ShadowPeo Posted June 3, 2020 Share Posted June 3, 2020 Always, get everything in writing, get a follow up email and do not action unless responded to. Cover your arse, no one else will 1 Link to comment Share on other sites More sharing options...
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