How to Save Emails for a Lawsuit - Pt. 2
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- เผยแพร่เมื่อ 14 ก.ค. 2024
- This video details how to save important work emails in case you need to file a lawsuit down the road. Mr. Robertson details when, how, and what emails you should save. Mr. Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
Part 1 - How to Document Bad Behavior at Work - • How to Document Bad Be...
Part 3 - How to Save Company Documents for a Lawsuit - • How to Save Documents ...
Part 4 - Not filmed yet...
Wrongful Termination Law - • Wrongful Termination L...
Discrimination at Work - • Workplace Discriminati...
Retaliation at Work - • Workplace Retaliation Law
Family Medical Leave Act - • Family Medical Leave A...
CA Overtime Law - • CA Overtime Law Explai...
CA Whistleblower Law - • CA Whistleblower Laws ...
Visit his website at: brobertsonlaw.com
Please subscribe to Branigan's channel!
00:00 - Teaser
00:34 - Introduction
02:42 - Big Picture
04:46 - When Should You Think About Saving Emails
06:44 - What Emails Should You Save
11:52 - Four Strategies on How You Can Save Emails
21:35 - Concerns Regarding Confidential Company Documents
24:13 - Why Should You Be Saveing Emails???
26:01 - Conclusion
#employmentlawyer #emails
⚠Now that you understand how to save your important emails, will you start saving them in case you have protect yourself down the road? ⚠
CYA, my methodology is evolving ATM.
Do you have a video in regards to employers/ employees monitoring your non-work related personal
Emails, social media accounts, and personal cellphone calls/text messages?
Yes!
I wish I have found your videos years ago. Thank you for the videos and I have recommended your videos to my kids. One of them and a bunch of his friends are in CA. Most people really don't know all of these until it's late for the game. People definitely should know this. Thank you.
My boss asks me why I email instead of just asking verbally and I openly told him i like to document every conversation or situation. He knows now im an employee who knows better.
Though often a topic is easier to discuss verbally and it prevents interpretation mistakes. Afterwards you can have the conclusion written in e-mail then or so.
That's great.
He is right on these emails. That completely changed my situation. The company settled fairly quickly. I had 40-50 emails
I agree, emails do save us. My supervisor went back and deleted all her emails she sent out months ago that was inappropriate. I am glad I have been saving emails, how I found out about it. I try looking up those emails and it said my supervisor has deleted it.
What if I have audio, text, emails and notes?
@@Native_Cherokee Save it all
@@dingleberry34 My former company instituted a 90 day auto delete email policy...After things got weird I starting forwarding my emails to my personal email address
I missed a couple that I wished I had had. But I did start soon enough to gather enough to provide for the lawsuit discovery
I always make it a point to 1) request any documents from HR about me. Notes, everything BEFORE QUITTING. and 2) save all documents from the job. Print it out and file it. 3) do all this via email to make sure the company knows i requested it.
Excellent video. As an HR professional myself, I can attest that everything in this video is sound.
Thank you for your honesty. HR do suck when it comes down to handling harassment. Thanks again.
I have a question for you, HR has open door policy. I noticed when you address about harassment and you have prove of it. HR makes your life hell, but they say they abide with no tolerance of harassment?
How to save emails. #3 is by far the most private move.
If you’re proactive including meta data with pictures of emails creates a time place data set & naming the image in a way it’s identifiable. Save sets of images in a folder tree, create a legend. You can get good at taking pictures of screens. Light, angle, camera presets… find your combo. A skill worth having IMO.
You can snip clip emails onto Microsoft word and print. If you don't feel comfortable. That is the best way they will not know what has been printed out. I do that and there is no traceability or detail on that. Just another way around it
What about simply copypasting the entire mail chain in an e-mail message to yourself?
@@alittaxthat doesn’t preserve the metadata from the original message in a non-corruptible manner.
@@Candyman757
Hi, thanks. But when you print the document, the physical copy also doesn't preserve any metadata, but it's still accepted by the courts, as per this video. So a lack of metadata shouldn't decrease the value of the document. Or did you have something else in mind?
I had an employee send email summaries of issues and discussions we had. The only issue is that she was trying to create a trail based on a false narrative. It didn’t work out well for her because I kept meticulous notes and knew when I needed to have a witness during critical conversations. There are a lot of bad managers out there, and employees should definitely document. There are also a lot of bad employees out there, so managers need to do the same-and know when someone is trying to engineer a claim or a lawsuit.
Agreed!
I have never manager people but totally agree with you, just and fairness for all
That's hell
don't forget to take a portable scanner to work.! scan everything!!!!
Excellent idea! Where did you buy your portable scanner - any link, please?
So much great and useful information. It's nice to know someone like yourself is there to fight for us.
What makes a good teacher/trainer/learning experience? There is a set of characteristics that are associated with quality learning. Know, I appreciate that your videos have these aforementioned characteristics.
Color in presentation of overview. Easy to see & glance back over.
Clarification of what is going to be covered.
Digestible pieces. Keep overload to a minimum.
Specificities: descriptive terms & contained narratives are labeled / attached at every step.
Pace: you talk without rushing along, it’s at a pace a learner can process.
Well done sir.
Thank you for taking the time to do these videos!
I would like to see you discuss working for a corrupt county where the same union represents the employee and the manager resulting in county leadership, union, EEOC, labor relations all working together against the employee
Fantastic listening, Branigan has put in a lot of effort and time and is worth listening to. I will listen to it again as there is a wealth of information
Your information is so useful and you are so charismatic! Love your videos 😄
Great video and this is very important to get evidence.Thank you
First thing is use your cell phone and take a picture of every email. Make sure to include housing of computer screen is shown in the photo which should also shows the date and time on the screen. This shows it's your computer. Send it quickly to your personal email. This will show it wasn't photoshopped. Also print out a copy of email if you can. Save copy. If you can send the email you received on your work computer to your own personal email.
I would love to see you do a video on how the NDA landscape is changing and your experience in dealing with the EEOC from the defense side and also from the employee side of making a charge. Also curious to hear your commentary on HR professionals coming forward in cases with substantive documented evidence in high tech cultures. This is some thing we don’t see much of or hear about but I wonder how many do effectively whistle blow.
Bigger company’s will probably have SIEM Security Information and Event Management on there network. It runs on the servers and watches all traffic on that network and logs all usage. You can have it flag specific things. I can’t remember if it was in the SIEM or another service but it can scan emails and look for information to prevent theft of information and can also stop and block emails from leaving the network. They could block any and all emails from 3rd party services that aren’t the company’s own.
Now I know why the union leadership refuses to write or email in response they don’t want the paper trail.
He is VERY right!
On saving emails, try to capture the meta data too in case that email disappears from their server.
Exactly
Keep up the good work, counselor,
Respectfully, NHG
Awesome video thank you.
very interesting thank you sharing
Great video
Welcome back
Very good i formation...thank you.
Thank you 🎉🎉🎉🎉🎉
Do a timeline on Xcel the date you start. The date time, event and names who was all there. I record on my phone. I use an phone that doesn't have service. I'm bilingual so I would record in my native tongue on what's going on and then I go home and record that on timeline to build my case.
What if the management is smart enough not to say anything via emails and everything that might compromise them goes through the phone and personal conversations?
If it is legal in your state, record the conversation.....Some states allow this
I have a question; what happens when you’re not allowed to print emails at work (under the guise of “paperless office” yet others email without a Boo)
Forward them to a personal account and print from home. Or log into your work email from home (if you can) and print from home
Its easy.....I just forward the email to my personal email 😊
Print to Microsoft pdf in your options.
Great content always, Any idea on where the text message video would be on how walk you through that situation?
Sit tight. I hope to get that video out next week.
Great information! I would love to know how to name and index these emails in a file folder for easy retrieval. Also which ones are pertinent? We don’t want to create a lot of unnecessary work for lawyers and paralegals by giving them too much information to sort through.
I love his videos.
Agreed, he's awesome 👍
@@sherylsalazar4822 he needs to get his license for Oregon.. there is some real @$$ Holes employers in Oregon.. really..
By using a capture card you can take high quality pictures from a work computer without leaving any digital trace. You pass the display output (hdmi) from the work computer through the capture card. The Work computer will think the capture card is simply a screen, while the capture card records the output.
You should make a video on last chance agreements
I’m in a situation right now to where I’ve been complaining over a year and a half about racial harassment and discrimination and retaliation and defamation
first I was moved out of the department then I was moved back then I was forced to sign a Last Chance agreement and I had to sign my rights over and moved out of the department again and demoted
I went through something similar with a Last Chance Agreement. Please do one on them
Why don’t you log into your work email on a personal device and screenshot. It would give a better picture than taking a picture of a screen. Then you can email the screenshot to your new personal email.
My supervisor delete key emails.But l took a picture of it on my phone.
Hey mr. Branigan nice work welcome back to TH-cam I see some new videos great work I have a few things to ask
1.Can I put in a request if you can can you make a video about
1. A Last chance agreement
2. if the company breaks the last chance agreement
3.the laws that the company may potentially be violating
I’m in WA and I’m being discriminated against by my Employer but I haven’t been fired so an attorney won’t take me. I have all of the documentation to prove it.
Curious of your thoughts -
I received my 90 day performance review (in March, but it was due last September) and a 60 day performance improvement plan on the same day. For the past 9 months, my supervisor's only feedback to me was that I was doing great. I asked him for help/support countless times and received nothing.
It just honestly makes me laugh at how things are sometimes.
I just want to put forward another method similar to the "taking a photo" but with better resolution - taking a screen capture.
Paste the captured image into a new free personal email and then send it to yourself?
It removes any "printing" traces and is usually only temporarily saved to your clipboard until you clear it.
Just an idea
Thank you very much Branigan.
How do we start a claim for age discrimination? Gather information then call you or call you to find what needs to gather?
Thanks again for providing free education . If you are pro se' and have strong evidence in email or text can you still approach defensive reminding them of the evidence?This also includes proven illegal adverse action beyond all bounds of decency taken after a protected activity. Can a plaintiff include a demand letter in rebuttal? Thank you
Please add Lync (under Skype for business). Corporates use lync as a messenger. Take snapshots. And if some business use slack or any other kind messenger system take snapshots on those too.
I wish you are in Illinois for Federal employees.
Use the .pst file in MS Outlook
Majority of lawsuits in California are protected under private arbitration/mediation you should do videos on that
I want to do a video about this. Hopefully I’ll get to it soon. FYI - I would estimate it’s less than 40% of companies have mandatory arbitration clauses.
Good point
Both my company’s I’ve worked for SpaceX/Tesla have made me sign one.
@@juanalcazar355 Oh wow! Looks like these large-well established companies know how to prevent a lawsuit. Sketchy.
@@juanalcazar355 yes tesla always in the news for discrimination
We have a shared work computer in the office, small store, Can I take a picture of the emails if I suspect its unlawful so I can show as proof when reporting?
I have had almost 20k stole from me by old co workers after 4 years of harassment. I need a lawywr
Would you recommend saving emails by exporting them? I know that's an option on most, if not all, emailing programs. There seem to be some potentially good benefits like uploading the emails into excel for easier management, but I'm curious if I'm missing any pitfalls.
Thing is that the department of IT knows everything you do at your work computer, how do you save the emails?
My company has very tight security on my work laptop (WFH). They monitor all email & if I try to email myself something to my personal email, oftentimes they'll deny the request. I won a freaking gift card & they wouldnt let me email it to my personal email. Likewise, we are not allowed to plug USB devices into the laptop and cannot connect our printer to it. All I can think of is taking photos of emails with my phone. Would this be sufficient?
is there a Pt 1 to this? youtube won’t reveal it if there is.
I have all of them and the hacker logs
What strategies can you share for people who work in classified environments?
What about if I have Audio, Emails, & notes, even text messages.
What if you have already sent your emails to your personal email. Regarding your response to a PIP.
Hello Adv. Mr. Robertson,
I am total fan of you from India, wish to meet you at least once in my Life, after Screw out from current totally Screwed situation.
In my case, I complained to middle manipulator manager & HRBP (HR Business Partner), unknowingly it was 'whistleblower worthy complain' - which I missed to blow whistle, instead passed it to part of Gang only.
Now, they blocked my account with in-house setup, I can have pics.
My Local Tech India Center is fooling around to Global Center by misguiding & unlawful methods, and is Totally misaligned to Company CoC & values('see think act'), instead it is (Deaf-Dumb-Mum).
Particular to this video : What about Recording evidences (audio, video) of bad behavior/retaliation/decision making over call/meetings ?
What do you do if you think there may be a Qui Tam issue and there are emails with PHI proving it.
Hmm 100%
Is it ok to print on a black & white printer or do I need to do it on a color printer?
Generally B&W is fine for emails. But if there are important pictures that only show up in color, you might want to print color.
What about taking screenshots and saving them on a USB device?
In PA boy i wish i saw this two years ago. I forwarded emails. But then had friend take emails off company laptop. She was not given religious exemptions re masks and I was admin transferred to work from home 2020-2021 for the mention of not bring able to wear s mask. I had gone around to higher up and union rep HR that was trying to get all my medical records for me to prove i was disabled I stated i was not disabled i just couldnt breath when wearing a mask. FF 2021-2022 school year they escorted me out of building first day of in service for not putting on a mask i said that hr knew i couldnt wear a mask last year Principal said they were not aware. She was cc on admin transfer she even knew. What s mess EEOC now UC hearing next week. They are blocking my claim saying willful misconduct & reasons un known
What if the company is clever enough to not put everything on e- mail / what about verbal abuse & back room deals behind closed doors so not to have a trace of evidence !
In CO you can record it. I bring a phone that you don't use and down load record app. I bring that everyday to work.
This is common bring in a support person perf the union and follow every single meeting up with a follow up email detailing what happened cc the union rep
@@MohamedMohamed-ki4wk a lot of positions, especially pretty much everything in tech, do not have unions.
Do you work with people with cases in other cities such as Bakersfield?
Absolutely. We can represent folks all throughout CA. Sometimes I tell people that it would be better if they have a local attorney, but that is rare and depends on the facts of the case.
What about simply copypasting the entire mail chain in an e-mail message to yourself?
Can you address mediation in lawsuits?
This is a good idea. I’ll add it to my long list of video ideas.
@@braniganrobertsonlaw add we will wait and watch
How can I save emails when my company prevents flash drives and blocks me from sending emails to myself
Can you supoena email from employer
Yes. Absolutely.
@@braniganrobertsonlaw thanks is what I thought.. just my attorney saying he can’t do that. My luck not being able to find a new attorney available to take my case
What do you mean if the defendant is unethical you might never get the email?
would that be consider stealing company property by saving the company email
The problem with the companies is: once you become an employee they own you as a slave, because of an application, SO then a lawyer like you should create an application that makes an employee a free worker, the days he wants & the hours he wants without being harass or fired, free to work extra hour without mandatory abligation, is Florida a work free state? Or a work slave state?
Memes in the email is actually against my company’s policy
What about text messages? Do they count?
The lock out is a real risk.
Wouldn't the company have to disclose or iron mountain shredder machine takes care of that...
If companies have power to do what ever they want not following policies, standards of conduct electricity like PSEG has been doing. As well as all others high above. Untouchables... Guess what tag you it, no tag backs
TH-cam big tech removing you from my saves. I'm in California & I have all of these. I'd like representation
When we apply for a job, we want to be employee not a slave, but they are our master that's a problem
Someone tried to poison me
They will when they can get to your food, coffee, anything
If you save emails- and they have no trade secrets then you should be fine
Uuuuhhhhhh... yes, if you steal information or emails from my company that you're not entitled to I will sue you into the ground. Weird that someone thinks that I wouldn't. It's almost as if I'm operating on principle but you're not...
Lmao it was a year ago Billy
Honestly pretty terrible advice from an IT perspective, unless you’re trying to sue a small, unsophisticated business. Printers don’t log, but the routers will! Everything you do on that laptop is logged. Hell, I even put that company laptop on a separate network segment at home. It’s an untrusted device.
Fundamentally, everything you’re doing here is identical to an insider threat exfiltrating proprietary information.
Conversion to PDF will defeat some rudimentary mail filters, but that’s easier to catch than the printers TBH.
I’d say to encrypt them before export, but you’re much better off having them think you’re gonna sue them than whatever an encrypted data dump might be. Great way to get raided by the FBI.
Your best bet is really the pictures, and even that’s on borrowed time, with all this bossware that’ll keep your webcam on at all times without your consent. Your boss is literally bugging your house now with your laptop. These capitalist bastards have no common decency. They are vile filth. With such extensive surveillance, I’d argue it’s better to hide in plain sight and just send those emails straight to your attorney.
You could take a screenshot and send that to a personal email
Would I go to jail if I translate this video to Spanish and show on TH-cam ???
And add spanish issues to illustrate clients and promote you at the same time. Hi, this is Luis Catalan, and I am trying to helps spanish workers here in OC CA.
Lieing is batting false witness
Don't tell this guy most email client provide method to save email into .eml file
Do one video about two employers a contractor who give an orders and the other boss from the place who give an orders too and if the guy hurted his body with the other employer who give a orders too is that a two separate cases in the way of open any 🫵🏻🤨?