Employment Litigation : Employment Litigation Defense
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.
Case Studies
- Sloan Valve Co. v. Zurn Industries, Inc.
- Loest & McNamme v. Camera / Broadbent Selections
- Trade Secrets & Non-Solicitation
- Portis v. City of Chicago
- Bryant, et al v. Chicago Public Schools, et al.
- Employment & Sanction Defense
- Pinstripe, Inc. v. Manpower, Inc.
- University Sports Publications Co. v. Playmakers Media Co.
- Frank Gatto v. United Air Lines Inc. Motion for Sanctions Regarding Facebook Spoliation
- Attorney Grievance Commission of Maryland v. Potter
- Campbell v. General Dynamics Government Systems Corp.
Articles
- 7th Circuit Proposes New Standing Orders for ESI
- Data Security – What To Do When An Employee Leaves
- Document Retention Policies
- An Ounce of Prevention is Worth a Pound of Cure (and Court Sanctions)
- The Liability of Email as Evidence
- Monitoring Employees
- Time is of the Essence
- Track Former Employee’s Computer Activities
- What is Metadata?
Related Services
- Data Removal & Certification
- Forensic Vault Service
- Computer Usage Analysis
- Discovery Protocols and Motions
- Computer Forensic Analysis
- Database Forensics
- Connected Storage Device Analysis
- Expert Witness Testimony & Reports
- Litigation Hold Audit
- Cell Phone Forensics
- Internet Investigations
- Consulting
- Computer Forensics Expert Witness Testimony
- Computer Forensics Services
About Forensicon, Inc.
Specializing in trade secrets, employment litigation, and internal investigations, Forensicon is a computer forensics firm that provides expertise to the top law firms in the U.S. as well as corporations large and small. Forensicon offers nationwide computer forensics services for plaintiff, defense, as well as special master neutral third party representation. The firm has represented numerous Fortune 500 companies and other large privately held corporations wanting to defend against or prosecute claims of intellectual property theft.