Requesting the preservation evidence prior to subpoena

[Donald91]

What is the name of your state? FL

I intend to file a complaint against my former employer. I intend to subpoena evidence, but I am concerned that I may not be able to subpoena the evidence prior to it is scheduled to be destroyed - the evidence is scheduled to be destroyed on February 21. Can I send a certified letter to my former employer asking that the evidence be preserved until it can be subpoenaed?

Thanks in advance for your prompt response.

 

[seniorjudge]

What is the name of your state? FL

I intend to file a complaint against my former employer. I intend to subpoena evidence, but I am concerned that I may not be able to subpoena the evidence prior to it is scheduled to be destroyed - the evidence is scheduled to be destroyed on February 21. Can I send a certified letter to my former employer asking that the evidence be preserved until it can be subpoenaed?

Thanks in advance for your prompt response.

Who are you filing a complaint with?

Certainly a letter sent certified mail return receipt requested explaining that you want the evidence preserved may show that your employer was exercising bad faith if he does destroy it.

But if you really want help, you are going to have to stop being so mysterious and tell us what is going on.

 

[Donald91]

Who are you filing a complaint with?

Certainly a letter sent certified mail return receipt requested explaining that you want the evidence preserved may show that your employer was exercising bad faith if he does destroy it.

But if you really want help, you are going to have to stop being so mysterious and tell us what is going on.

I'm filing a civil complaint against my former employer for discrimination. Several events are on a store video tape, but the company has a policy to save video for just 30 days.

 

[seniorjudge]

I'm filing a civil complaint against my former employer for discrimination. Several events are on a store video tape, but the company has a policy to save video for just 30 days.

Then you had best get to filing it...like the next day the courthouse is open!

 

[fairisfair]

http://www.flcities.com/fmit/FMIT_PressRoom/fmitPressRoom_Article.aspx?aid=3

until there is actual litigation, there is no obligation to preserve "evidence"

 

[mitousmom]

Under what law are you fililng your discrimination complaint?

 

[Donald91]

Under what law are you fililng your discrimination complaint?

Title VII, or an applicable Florida statute. I'd rather file in a state court because its more convenient.

 

[eerelations]

Has the EEOC given you a right to sue letter? If you haven't filed a complaint with the EEOC, why haven't you? Is your company too small? How many employees does it have?