Employees who file litigation against their current or former employer often allege discrimination, harassment, wrongful termination, or compensation irregularities. Sometimes, plaintiffs fabricate evidence in support of their case before leaving and filing litigation. In the event that you need employment litigation defense, establishing the facts by conducting a forensic examination of the computer used by the plaintiff(s) can be crucial to managing an effective legal defense and can be pivotal to obtaining a prompt resolution and avoiding protracted litigation.
Many lawsuits filed by past employees result in counter claims following a forensic examination of the employee’s work computer. Common findings or outcomes following a forensic examination have revealed:
- Discovery of Theft of Company’s Digital Assets
- Misuse of Corporate Property
- Denial of Unemployment Claims
- Criminal Prosecution for Fraud or Other Statutory Violations
After a key salesperson was dismissed by a small business owner, a dispute arose over unpaid commissions and vacation time. The employee produced an electronic version of an employment contract that was exchanged via email. Multiple versions of the contract were identified during discovery, each with subtle yet important differences made to the company’s standard terms. Forensicon analyzed the various versions of the files, including the email used to exchange them, which ultimately identified the authentic and agreed upon contract, vindicating the employer.