E-mail Policies Can Reduce Risks of Liability
Employees often fail to realize that “deleted” messages can be recovered and attorneys on the other side can use them as evidence of the “smoking gun”
Every employer should be proactive in addressing the issues raised by electronic communications systems and establish policies governing the operation of E-mail, voice mail, etc. The warnings above apply not only to employment litigation, but to any disputes about which there might be evidence in the E-mail or voice mail system. The preferred time to create these policies is before the first complaint is filed and before the first discovery request is served.
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