Wrongful Termination/Conduct, Workplace Harassment and Discrimination Investigations
For the best chances of success, our digital forensic investigation should go beyond the employee’s devices and accounts. A complete investigation will include an examination of the employer’s computers/servers because this is where the evidence you are looking for most likely resides. In the cases where we have been granted forensic access to these resources, we often uncover a minefield of damaging evidence. From the employee’s perspective, filing a lawsuit against their employer can be a very intimidating process. Our investigation may help level the playing field by uncovering evidence that supports their case even if the evidence has been hidden or deleted.
Our digital investigation may uncover:
Offensive or suggestive voicemails, text messages or emails received by complainant that show a pattern of harassment or hostile work environment
Lack of evidence to show that salaried employee directly supervised anyone (e.g. lack of managerial related communications) in a salary misclassification lawsuit.
Communications from employer to others in the organization to support wrongful termination
History of positive performance reviews just prior to termination or prior to denial of promotion
Communications that contain fabricated reasons for termination or that support a claim for retaliation after the employee engaged in a protected activity
Communications that contain false representations during resignation negotiations
Communications from employer that reveal expectation of “off the clock” work
Complaints made by employee to other employees or supervisors related to claim
Examination of employer’s accounting files that show illegal calculation of wages or tips.
Requests made by employee to employer in relation to reasonable disability accommodation requests
Retaliatory conduct in relation to FMLA leave requests