The Importance of Email Evidence in Employment Law Cases
By Gregory Thyberg on March 20, 2020
Both federal and state laws hold employers accountable for maintaining a work environment that is free of harassment or discrimination. Workers who have faced illegal discrimination or harassment, or those that have been wrongfully terminated have a right to take legal action.
Employment law cases can be difficult to prove, which is why the help of knowledgeable employment law attorney Gregory Thyberg can be so beneficial. Attorney Thyberg can gather evidence to prove fault in an employment law case, and get his Sacramento, CA, clients a just settlement.
Here, we discuss the importance of email evidence in employment law cases, and go over how we can gather the type of evidence that is needed without putting our clients at risk of a counter breach of confidentiality lawsuit.
How Can Emails Help?
Harassment, discrimination, and wrongful termination lawsuits can be difficult to prove. Knowing the consequences of unlawful actions, an employer is highly unlikely to admit wrongdoing in an employment law case. In “he said/she said” situations like these, any type of evidence that demonstrates the employer’s attitude, actions, or words may be good evidence.
Emails are often a rich source of evidence for employment law cases. Email is a direct form of communication that can show an employee was being treated unfairly or was facing harassing behavior. When an employee is wrongfully terminated, emails can also provide evidence that they had previously received positive feedback from supervisors, coworkers, or employers.
Am I Allowed to Copy Work Emails?
In many cases, copying work emails or forwarding them to a personal email account is a breach of work policy. Most employers have their workers sign confidentiality agreements that prohibit them from sharing or keeping any documents that may contain private information.
If work emails contain personnel information that applies strictly to the person receiving the email, they may be able to save it without facing disciplinary actions or a counter lawsuit. However, if the email contains any proprietary information, including product details, pricing lists, sales figures, or client details, it could be illegal for the email to be downloaded, forwarded, or printed.
Best Practices for Obtaining Email Evidence in Employment Law Cases
If our Sacramento clients have emails that they believe can be valuable evidence in an employment law case, they should rely on our attorneys to obtain copies of the communication.
We advise our clients to make a list of emails that could help prove their case. They should record the date the email was sent, the author and recipient(s) of the email, and the subject line. Finally, we will need a brief explanation of relevant information contained in the email. Our lawyers will forward this information to the client’s employer, along with a letter of retention. This puts the employer on notice that the documents should be preserved so they can be used in the case.
If you are considering filing a lawsuit against your employer, attorney Gregory Thyberg can help you fight for the compensation you are due. To discuss the details of your case and find out more about your legal options, send us a message online, or call (916) 204-9173 to schedule a consultation.