Wrongful Termination
As part of a wider array of Employment Relations types of cases, Vestige actively assists organizations and individuals in civil matters of unlawful termination of employment.
We routinely work with one or both sides of these unlawful termination of employment matters to help assess the merits of the case, preserve relevant data and to provide relevant evidence to support or defend the case. The volume of these electronic evidence cases and our broad on-going experience assisting in Employment Litigation and Relations matters, in general, also Wrongful Termination matters specifically, continue to provide deep value to our clients resulting in successful outcomes.
How we assist Plaintiffs in Wrongful Termination matters
Nearly 50% of the scores of wrongful termination matters that Vestige has been involved in have been with the plaintiff. In these matters, a certified computer examiner from Vestige assists by:
- Preserving relevant data sources of the plaintiff to ensure that plaintiff’s house is “in order”
- Assisting plaintiff’s counsel with case-building and fact-finding by analyzing relevant data sources in the possession and control of plaintiff and/or plaintiff’s witnesses
- Authentication of evidence that counsel is intending to introduce and use to negotiate settlement
- Prepare counsel for requesting relevant electronic evidence from defendant, relevant third parties and defendant’s witnesses
- Attendance at 26(f) conference or similarly designed conference
- Prepare counsel for 30(b) deposition cross-examination
- Assess defendant’s litigation hold response and sufficiency of preservation, collection and analysis phases of discovery
- Assist plaintiff with review of data received in response to discovery request
How we assist Defendants in Wrongful Termination matters
And of course the other 50% of the time we assist defendants with employment litigation cases by:
- Identifying, preserving and collecting electronic data stored in relevant electronic data sources
- Prepare Defensible Preservation Plan to ensure that defendant’s house is “in order” and to prevent side-bar litigation surrounding the discovery ‘process’
- Establish iron-clad Litigation Hold
- Assist defendant’s counsel with case-building and fact-finding by analyzing relevant data sources in the possession and control of the defendant and/or defendant’s witnesses
- Identifying relevant electronic data which the plaintiff may have and prepare counsel for requesting such data
- Advise defending counsel and/or analyze plaintiff’s systems surrounding spoliation issues which affect defendant’s ability to defend its case
- Attendance at 26(f) conference or similarly designed conference
- Provide case-building expertise to assist defendant’s counsel with obtaining the facts early on in the matter to allow counsel and client to resolve case strategy issues, evaluate settlement options and to properly price the matter
- Assist in privilege and relevancy review in preparation for discovery
- Prepare relevant, responsive and non-privileged electronic evidence for production to plaintiff
