E-discovery

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    Good documentation is important for many reasons. One of the most important is that when supervisors and managers generate even as much as handwritten notes, they're creating potential litigation exhibits that could have significant consequences down the road. Frankly, good documentation can mean the difference between winning and losing an...

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    HR departments receive, generate, and accumulate substantial volumes of documents including job postings, employment applications, resumes, reference checks, testing data, personnel files, wage and hour records, payroll records, and disciplinary files. While it would be nice to purge those documents when the filing cabinet becomes overcrowded...

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    On December 1, 2006, the Federal Rules of Civil Procedure were amended to include specific provisions for handling electronically stored information. The Old Days: No Shred, No Foul The Federal Rules of Civil Procedure govern how we exchange information with our opponents in a lawsuit. Even before a lawsuit is filed, you have an obligation...

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    On April 23, 2009, the Wisconsin Judicial Counsel petitioned the Wisconsin Supreme Court for an order amending the Wisconsin Rules of Civil Procedure as they relate to the discovery (the pretrial exchange of evidence) of electronically stored information. The court adopted the petition, with an amendment, by a 4-3 vote....
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    The following is a cautionary tale to employers about the risks of terminating a worker who is on FMLA leave. Inconsistent statements about her performance, lack of documentation, and failure to follow the company's termination procedures left the employer exposed to liability.In short, the court concluded that there were too many questions...
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    Learn how to develop a legally-sound ESI policy and how to educate your employees on the dangers of "unwise" online activity by participating in the all-new audio conference, Practical ESI Management for HR: Rules for Controlling Electronically Stored Information.   Five ESI management tips EVERY Human Resources professionals should know,...
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    Does your office look like the company's storage bin? Is your desk buried under a mountain of job postings, applications, health information, immigration documents, payroll records, and growing stacks of government-required documentation? Use caution before you satisfy your urge to purge. Documentation can make or break your case in an...
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    Most of us grew up listening to our parents' dinner table directives: "Put your napkin in your lap, chew with your mouth closed, and don't talk with your mouth full." Now that you're adults, many of you are probably saying the same things about table manners to your own children. But you might also find yourselves on the receiving...
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    A California court recently reversed a decision in favor of Google in an age discrimination case. The case is important for employers throughout the country and is an example of others to come involving companies with a predominantly younger workforce having difficulties assimilating older workers. The case is also instructive on...
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    As if lost productivity, harassment, and e-discovery weren't enough to make you wonder whether computers are worth having, there's also the fact that in most workplaces, they provide unions with an ideal means of communicating with and organizing your workforce. Just as the Greeks attacked Troy by means of a "gift," unions can use...
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