Employment Law Questions? Ask an Employment Lawyer.
Welcome and thank you for your question!
It would be helpful to better understand the circumstances you are describing.
When you use the term IT, are you referring to information technology"?
after a EEOC claim in made, is IT required to keep e-mails, letter or memos made before the claim,but related to the claim?
How would IT know about the EEOC claim?
I filled a EEOC claim against my employer by the end of 2009 follow by EEOC lawsuit about 8 or 9 months later. Human resourses was notified from the start.
Thank you and what is the status of the lawsuit now?
Although my employer has tried extremely hard to delayed everything, a new day to provide all documentation, after the judge got upset for my employer's excuses. trial date was set for October, a mediation with the judge was set for August, and due date for all documentation is early June. The deposition wills start next week: Monday for security and IT, Thursday for me.
Thank you. Are you being represented by an attorney in your suit?
yes, is not a labor lawyer
So, you are seeking why types of questions should be asked of the IT representative?
yes, but is not a labor lawyer
The questions that are asked in any deposition depend upon the reason for the person having to be deposed.
Why is it necessary to take the deposition of someone from IT?
Are you still there?
my computer crashed after the EEOC claim, it had a lot of e-mails and memos that supported my claim. Most of had I had I had also forwarded to my personal e-mail, so I had turned them in. However I now there were other memos among the people I have the claim, so I want to know if they can be retrieve. Is it a software that can look for the specific information
Wow, well a lot of time has since passed.
What is the employer saying about their existance?
yes, but the harassment and descrimination continued
Okay well, let's keep the focus on IT.
What specific information do you want to learn from IT when their deposition is taken?
The point of a deposition is to learn information.
What information do you want to learn from IT?
Would it be helpful if we converted this thread from chat to regular Q & A?
How far back the information can be retrieved? Are they obligated to keep the information, especially since they knew there was a lawsuit? Is it there a software that can retrieve it? Do I need to pay an expert to get it? I know that one of the persons I have a claim against kept a dairy on me, very datailed, so I was told by 3 of her co-workers on different occasions, my employer has only turned only 2 of her e-mails about my acitities, she was extremely over vigilant about me.
How far back they can go will depend upon what back-up systems, if any, they have in place.
The law does not require the employer to have a back-up system to keep that data.
If they had the information when the lawsuit was filed, they had to keep it.
If they did not keep it, then an adverse jury instruction can be given which basically means the judge would tell the jury that X evidence existed but the employer did not keep it, thus, you the jury can assume that the evidence would have been bad for the employer.
What other information would you like from JustAnswer?
My employer claims now that there is "a lot of information taht had been lost and cannot be located" That is why I would like to know if there is a specific software that can help to retrieve such an information? You see, during the EEOC mediation in 2010 my employer offered not to publish a folder almost as thick as the Bible of complains against me by other employees in exchange for me to drop the claim; I refused to drop it and then I demanded to see those claims, well the file got lost and to today they have not been able to locate it.
The cure for the loss of any paper or electronic files, is the jury instruction, as I earlier described.
As for software, there are forensic professionals who can review the employer's hardware to see if the data can be retrieved. That, of course, assumes, that the employer still has the hardware.
In my experience, the employee is better off playing to the jury's imagination with the adverse instruction.
The employer's claimed "loss" is actually a good thing for the employee.
It shows the employer to be sloppy, careless, etc.
The employee no longer has to show/prove that the employer is a liar.
Does that make sense to you?
yes You have been very helpful. Where do you practice may I ask?
I understand the facts of your last reply. Did you see my posts in response?
Sorry about that, please ignore my last post.
My screen had not scrolled to the bottom of your thread when your new responses posted.
I do not practice in LA.
My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!
Please do not forget to click on excellent service feedback so that we are credited for assisting you.
Are you able to provide feedback?