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5 e-mail conversations that could get you sued

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December 7, 2009
1 minute read
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With e-mail being introduced as evidence in more court cases, disgruntled employees seemingly could have a wealth of comments to potentially support their claims. Where do courts draw the line?
In one recent case, a 62-year-old employee was let go as part of a reduction in force. He thought his age was the reason he was laid off.
In court, the employee pointed to a series of e-mails between two managers about the possibility of an age bias claim. One e-mail discussing the upcoming termination ended with “P.S. I just cannot shake this feeling that we’re doomed!”
According to the employee, that proved age was a factor and the higher-ups were looking for ways to cover their tracks. The company, on the other hand, argued the managers were just concerned the employee would sue — which is exactly what happened.
The judge sided with the company, ruling that talking about a possible lawsuit doesn’t prove there actually was bias.
Avoid these conversations
The company got the suit tossed, but not without a lot of hassle — and legal fees. Best bet for managers: Discuss legal concerns in person only. As this case shows, employees may try to interpret what they read in an e-mail in a way that supports a nefarious claim.
Other e-mail conversations managers should avoid:

  1. Complaints about legally protected actions (for example, “I can’t believe she’s taking leave again“)
  2. Talks about whether or not the company should contact an attorney
  3. Negative performance reviews, and
  4. Discussions about salaries, bonuses or promotions.

Cite: Geiger v. Tower Automotive

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