Document Identification and Preservation in Workplace Investigations

Summary

This practice note addresses key issues you should consider when advising employers regarding document preservation related to workplace investigations. A workplace investigation requires identification, preservation, collection, and review of documents for the merits of the investigation itself. Documents will assist you in understanding the background of the relevant issues and will inform witness interviews and evaluation of witness credibility. Based on the circumstances of your investigation, you may want to collect at least some documents before employees learn of the investigation or preservation obligations to avoid the possibility for spoliation of documents.