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Potential Litigants Should Not Destroy Documents

Last updated Sunday, May 23, 2010 01:00 ET

If a former employee has reason to believe he may be sued, he should preserve all potentially relevant documents, including all e-mail communications and all documents saved in electronic files.

05/23/2010 / SubmitMyPR /

No one wants to be sued, especially by a former employer.  But former employees may find themselves embroiled in litigation over the alleged breach of an employment contract or the purported violation of a covenant not to compete.  If a former employee has reason to believe he may be sued, he should preserve all potentially relevant documents, including all e-mail communications and all documents saved in electronic files.

Pre-suit collection of documents can be essential to a party’s case.  First and foremost, a litigant usually needs documents to prove a case.  Second, compiling relevant documents can help a potential litigant’s attorney evaluate the matter and determine the best course of action.  Finally, should a lawsuit be filed, the opposing party will likely request that the former employee produce copies of all relevant documents.  This request could come months after a person leaves an employer.  By compiling and organizing all documents at the outset, the former employee will likely be able to conduct a more thorough search, leading to a more complete production.

To speak to an employment law attorney about an employment-related lawsuit, please contact the Dallas employment law lawyers at Clouse Dunn Khoshbin LLP at [email protected].