Thread regarding Corinthian Colleges Inc. layoffs

Dear CCi Executives: Destroying Documents Won't Help

http://www.natlawreview.com/article/employer-sanctioned-failing-to-issue-litigation-hold-after-notice-eeoc-charge...."​In a case from the United States District Court for the Western District of Washington, an employer and its attorneys were sanctioned for spoliation of evidence caused by the employer’s failure to issue a litigation hold and subsequent deletion of employee e-mails pursuant to the employer’s document retention policy.

In Knickerbocker v. Corinthian Colleges, Inc., several former employees of Corinthian, a company that runs for-profit colleges throughout the United States and Canada, sued the company alleging racial discrimination, harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964. Plaintiffs alleged the racial discrimination culminated in the termination of their respective employment...This case is an important reminder of the risks associated with failing to preserve electronic information related to actual or threatened litigation. Once an employer receives an EEOC charge, it should immediately institute an effective legal hold to prevent the loss or deletion of relevant electronically stored information or other evidence – and take steps to ensure the hold procedures are actually followed. Failure to take this critical step in the charge process may result in sanctions from a court or an adverse inference instruction to a jury that potentially relevant evidence was destroyed."

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Post ID: @OP+vR3VwuW

7 replies (most recent on top)

Lack of preservation does not always mean intentionally destroying documents. I once had to search through over 10,000 e-mails to satisfy a subpena. I found the e-mail in question, but two things: 1. It would have been much easier to suggest I could not find it. 2. I preserve everything, but do I really need to keep the e-mails suggesting that my body parts need to be larger?

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Post ID: @352F+vR3VwuW

Whatever....

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Post ID: @1gyY+vR3VwuW

I am well aware of the privacy policy of this site: Log Files As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.

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Post ID: @N6V+vR3VwuW

Sorry, 11038. This board is for anyone and everyone, and do you think that IP addresses can't be obtained through the subpoena power of a court? Think about that for a while.

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Post ID: @cU9+vR3VwuW

At 11032- YOU are clearly on the inside or one of CCis clown ass attorneys. Get off this board Jeff

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Post ID: @Mod+vR3VwuW

Camden is now an IT specialist...

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Post ID: @1km+vR3VwuW

Did the plaintiffs in the Knickerbocker case really expect CCi to act ethically and preserve evidence? That's foolish. Any employee who is even thinking about a possible lawsuit against his employer needs to preserve all evidence he can before leaving the company or initiating the lawsuit. In the case of email accounts, CCi emails can easily be forwarded to a private account (Gmail, etc.) but care must be taken to avoid violating applicable federal laws such as FERPA.

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Post ID: @hqw+vR3VwuW

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