Think Your Job is in Jeopardy? Save Those E-Mails and Text Messages

If you believe that your job is in trouble, and that you are being treated illegally, then you may want to start thinking about evidence.  And, even if you do not have a unlawful termination claim, evidence you gather while still employed may be very helpful at an unemployment hearing down the road.

On many occasions, I have had employees come to me with potentially good discrimination, wrongful discharge or retaliation claims.  They tell me about evidence that they have seen in e-mails.  The problem is, when they were fired, they were immediately escorted from the building, and their company cell phones were taken or shut off.  The crucial evidence that they need to prove their claim is thus in the hands of their employers.  Later, after we have sued, we are told the evidence is a figment of our client's imagination, or that it has been lost.

What to do?  Well, the courts generally allow employees to utilize e-mails and text messages as proof of discrimination or retaliation.  So, you may want to 1) print out the e-mails in question and take them home each day (or when an important message is sent or received by you); 2) blind copy your personal e-mail address on things that you send; 3) forward text messages from your business cell to your personal cell, or to that of a friend; or, 4) take photos of text messages or learn to e-mail them to your personal account.

In a lawsuit, it is all about the evidence.  So start advocating for yourself by preserving crucial evidence before it is too late.

Similarly, unemployment hearings are all about the circumstances that led to the end of your employment.  Important evidence you may need to prove your position at the unemployment hearing may be found in your e-mails and text messages you have sent or received.

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