Hi Carolyn,
If the person has left then they will not receive the notice - it should be addressed to whoever has custody of the former employees. Unless of course the litigation is such that whoever is the custodian is, for example, the person accused of discrimination. In a case like this you would have to impose the hold in a way which proves that the custodian had no opportunity to alter any of the data after being made aware of the situation. (In some cases, our IT seizes a person's computer and replace the hard drive in the hours after receiving a hold notice.)
Regards,
Yanick Dubé
Records Manager
Records Management, IS Process and Communications
Direct Energy Marketing Ltd
2225 Sheppard Ave E, Ste 500
Toronto, ON M2J 5C2
Phone: 416-758-5925
Mobile: 416-459-4758
Fax: 416-758-8225
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Mariani, Carolyn
Sent: Thursday, May 19, 2011 8:07 AM
To: [log in to unmask]
Subject: Legal Hold Distribution Lists
Is it ever acceptable to include on the distribution list for a document preservation notice, the name of a former employee whose records are now in the custody of someone else (manager) in the department?
Carolyn Mariani, CRM
Director, Records Management
Warner Music Group
212-275-2410
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