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email retention policy


callihan44
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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 by callihan44
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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 by nrf
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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! 

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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.

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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.

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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 by Al_Borges
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Always, get everything in writing, get a follow up email and do not action unless responded to. Cover your arse, no one else will

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