Many potential clients enter our office to pursue their claims of discrimination with stacks of documents that they think support their cases. Some of these documents are merely their own performance evaluations or company policies that they were given to them at the start of their employment. However, sometimes, clients bring us copies of emails, company financial information, or other employees’ performance evaluations that they helped themselves to when they still had access to their employers’ documents. This always begs the question, “was their self-help legal?”
Self-help copying of documents is always a risk. While copying your employers documents to support a lawsuit could lead to a substantial reward, it could also land you in jail.
When determining the legality of copying workplace documents in support of a workplace discrimination claim, courts consider a number of pertinent factors, such as:
Basically, if you see a document in the course of your job duties, it is relevant to your case, and it does not contain confidential, personal information (e.g. medical information or Social Security numbers), then you are probably okay to make a copy. However , if you believe an employer’s document cannot be legally copied, but may support your discrimination claim, write down the type, date, and subject of the document, as well as the document’s sender and receiver, and where you viewed it. This information will enable our employment attorneys to request the document during our initial discovery work. If your employer does not produce the specified document, it may infer that he or she is trying to hide or suppress evidence.
If you are facing workplace discrimination in New Jersey, contact Green Savits, LLC today online or at (973) 695-7777 to discuss your case for free with an experienced attorney. We are passionate about helping workers obtain the justice they deserve.
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