Preservation Letter

We represent [client] who was/is employed by [employer] ("")intends to bring a lawsuit against. The basis for his claims is severe and pervasive harassment He has done this in front of other workers.

Federal and local law require the preservation of all relevant evidence, including documents, information and physical evidence. See, e.g., See 42 U.S.C. 2000e–8(c); 29 CFR 1602.14 ("In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of one year from the date of termination. . . . Where a charge of discrimination has been filed, or an action brought by the Commission or the Attorney General, against an employer under title VII or the ADA, the respondent employer shall preserve all personnel records relevant to the charge or action until final disposition of the charge or the action.").

Specifically, you are advised to preserve the hard drive on Mr. Harasser 2 computer, any server hard drives to which it is connected, any computer files to which Mr. Harasser 2 has access, any documents to which Mr. Harasser 2 has access, and any records, including computer files and hard copy relating to the complaint you personally received regarding Mr. Harasser 1, including without limitation your notes, the hard drive on your computer, any server hard drives to which it is connected, and any computer files to which you have access.

Before modifying any documents, including computer files, we strongly urge you to contact your attorney. Modern computer forensics has made it virtually impossible to conceal alterations and destruction of evidence. See, e.g., Zubulake v. UBS Warburg LLC, 229 F.R.D. 422 (S.D.N.Y. 2004)($20 million in punitive damages: defendant's destruction of evidence after notice from plaintiff's counsel constituted spoliation and warranted an adverse inference instruction).

If you maintain insurance, including general liability, Directors and Officers, Employment Practices Liability, or other insurance which might cover these claims, your failure promptly to notify your carrier could result in a loss of coverage.