Evidence of Destruction Deserving of Damages | eLessons Learned

Upon his termination, Barrette alleged Lemanski destroyed over 270,000
digital documents and severely hindered Barrette’s ability to prove their
case.  While Lemanski had a duty to preserve these documents, his
intentional disregard and willful destruction of evidence was enough to
warrant sanctions.

On his last day of employment, Lemanski was presented with a Separation and
Release Agreement; however, when Barrette learned of Lemanski’s financial
interest in MRR, the agreement was revoked.  Shortly after, Lemanski
received an e-mail with an attached Notice to Preserve Electronically
Stored Information. While Lemanksi claimed he did not read the e-mail until
later, evidence suggests the contrary—including the fact that he installed
and executed data wiping software on his company computer.

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Source: http://ellblog.com/evidence-of-destruction-deserving-of-damages/
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