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In December of 2006, the rules about DELETE changed - at least according to the Federal Rules of Civil Procedure! "Discovery" was enhanced in court cases by encompassing electronic documents including e-mails, electronic performance evaluations, "notes" in your Outlook - if it's written, it can be "discovered" now!
So, does that mean you can not ever delete another e-mail or computer file ever again? Absolutely not! What it means is to have the following practices in place BEFORE you need them:
Acceptable use of electronic media, back-up procedures, standard record retention policies and a "keeper of the documents" for lack of a better title!
Finally, if you believe that a "situation" may arise (or you are put on notice by a disgruntled employee/former employee), then STOP the processes! Immediately safeguard any and all electronic documentation in one place and make sure nothing gets deleted until the "situation" has been resolved and you can return to your standard operating procedures. (An act of deleting files after notice could actually result in further sanctions...)
Even the smallest employer should take safeguards to protect themselves and their data through solid, up-to-date policies and procedures.
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