Your Responsibility to Preserve Evidence

The short version: from the moment you anticipated bringing a legal claim, you have a legal duty to save everything that could relate to your case. Do not delete, edit, or throw away anything. When in doubt, save it and ask us.

What a "litigation hold" means in plain English

You may hear us use the phrase litigation hold. It simply means: because a lawsuit is expected or underway, everyone involved must stop destroying potentially relevant information and start actively protecting it. Your employer has this duty. So do you.

This matters because failing to preserve evidence, even by accident, can be treated as spoliation (the legal term for destroying or hiding evidence). Courts can punish spoliation by telling the jury to assume the lost material hurt your case, or worse. See Social Media While Your Case Is Active for how this applies online.

What counts as evidence

Evidence is broader than most people expect. You should preserve anything related to your employment, your claims, and the harm you have suffered, including:

Digital communications. Emails, text messages, voicemails, and chat messages (Slack, Teams, WhatsApp, social media DMs), plus your social media posts.
Documents. Digital and paper copies of performance reviews, employment contracts, offer letters, employee handbooks, pay stubs, disciplinary warnings, personal notes, and journals.
Devices. Old cell phones, laptops, tablets, and hard drives, even ones you no longer use. Do not wipe them, trade them in, or throw them away.

The preservation rules

Do not delete. This is the most important rule. No deleting emails, texts, posts, photos, or files.
Do not alter. Do not edit, annotate, or "tidy up" existing documents. Keep them exactly as they are.
Do not clean up your social media. Assume your posts and messages are discoverable, meaning the other side can formally request them as evidence.
Turn off auto-delete. If your phone, email, or a messaging app automatically erases old messages (disappearing messages, 30-day auto-delete), turn that feature off now.

When in doubt, save it.

An important limit: only what you are authorized to have

Preserve what is already lawfully in your possession. Do not log into employer systems, accounts, or databases you are not authorized to access, and do not download, forward, or copy employer files you would not normally be permitted to take. Doing so can create serious problems for you and your case, even when your intentions are good.

If you still have an employer-issued laptop or phone, do not wipe it, but also do not use it to gather case materials. If you are unsure whether you may keep or copy something, stop and ask us first. That one phone call can prevent a real headache.

How to get materials to us

Gather the physical and digital documents you believe are important and keep them somewhere safe, at home rather than at work. Then message your Case Manager through the client portal with a short list of what you have. We will give you instructions for sending everything to us securely. Please do not mail originals until we ask for them.

Every case is different. Ask your legal team how this applies to yours.

Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.