Does Your Company Have an Email and IM Policy: Follow Up
As mentioned in a previous posting, Email and IM (Instant Messenger) policies and practices are likely to play an important role in future litigation, including in the employment discrimination area. I located an interesting newsletter article by Fisher & Phillips today, which discusses in greater detail the Zubulake case; of particular interest to me (and perhaps to you) was that
one of the problems with email there had less to do with direct evidence of discrimination, and more to do with
numerous discrepancies between what the employees had testified to in their depositions and what the emails revealed.
Specifically, the plaintiff’s supervisor testified that was not aware that she had filed an EEOC charge when he recommended firing her at 2pm. However, one of the emails that was belatedly produced by the company was a notification to him regarding her EEOC charge, which was sent to him at 11am that same morning. The court noted that this “puts the lie” to his testimony.
This article provides some recommendations to companies in light of this court case.
If you enjoyed this post, please consider to leave a comment or subscribe to the feed and get future articles delivered to your feed reader.
Employmentblawg Designed by Weblogian
Comments
No comments yet.
Leave a comment