Minneapolis Business Litigation Attorney Michael Glover talks about dealing with seemingly invasive discovery requests in employment matters.
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In employment matters, you tend to see an awful lot of discovery requests once something gets to litigations or once something is being investigated by the EEOC or the Minnesota Department of Human Rights. They want to see everything. They want to see every e-mail, every file from every employee. So they can really route around in there, and look for what I think are just even more violations than maybe what exists. And the important part for the employers, don’t roll over on that right away. Get with a lawyer who’s experienced in this area to know what is relevant, what needs to be turned over.
Most importantly, though, is once you get the wind that there might be an employment issue out there, make sure that all of the documents, especially electronic documents that you might otherwise destroy as part of your process, make sure you don’t do that because any document that is destroyed, usually courts are gonna interpret that as being against you. And it has just as good a chance of being for you. So the best path is just keep the information and sort it out later.