Employment Record Retention and Destruction: Guidance for Employment Counsel

Implementing Document Management Policies to Mitigate Risk, Reduce Costs and Minimize Discovery Challenges

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, May 8, 2013

Recorded event now available

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Course Materials

This CLE course will discuss effective document retention and destruction policies for employers and employment counsel. The panel will also explain strategies for producing employment documents during employment litigation, including meeting e-discovery requirements.


Employers generate numerous documents and records, mostly electronic, during the course of a worker's employment. Improper handling of records can result in loss of key documents, destruction of records the law requires employers to retain, and costly allegations of evidence spoliation if litigation ensues.

Complying with constantly evolving document management requirements is a daunting and ongoing task for employers and their counsel. Since jurors in employment litigation rely heavily on documents in deciding liability, and are suspicious of destruction of documents, employers must be careful and strategic about their document destruction and retention practices.

Employment counsel must continually monitor and evaluate whether their clients’ records retention and destruction policies and procedures are sufficient to reduce costs, prevent sanctions, and avoid the negative juror perception.

Listen as our authoritative panel of employment attorneys offers legal and practical strategies for retaining and destroying employment records. The panel will also discuss best practices for handling electronic information during employment litigation, including meeting e-discovery requirements.



  1. Best practices for proactive document management
    1. Records the law requires employers retain
    2. Records the law requires employers destroy
    3. Records that must be retained for litigation
    4. Drafting records management and retention policies
  2. Preparing for litigation
    1. E-Discovery rules on litigation holds
    2. Data preservation
    3. Responding to discovery requests


The panel will review these and other key questions:

  • What are the legal risks of inadequate records management, and what should employers and their counsel do to avoid such pitfalls?
  • When is the duty to preserve records triggered and how should such duty be carried out?
  • How and what employers should do when responding to discovery requests seeking records, including electronic records?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Jonathan D. Wetchler
Jonathan D. Wetchler

Duane Morris

He works closely with clients to manage and resolve issues and disputes in virtually all areas of employment law....  |  Read More

Charles H. Wilson
Charles H. Wilson

Cozen O’Connor

Mr. Wilson is board certified in Labor and Employment Law by the Texas Board of Legal Specialization. He represents...  |  Read More

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