Spoliation is the term used to describe what happens when records or other evidence are destroyed, lost or otherwise not preserved. Employers are faced with record retention issues as they must maintain everything from job applications and resumes, to I-9 forms and ERISA plan disclosures.
In her article published in the March/April issue of the Hoosier Banker, Debra Mastrian describes the legal consequences of spoliation and the importance of maintaining employment records. When facing the threat of possible litigation an employer has a duty to preserve potentially relevant information, including any electronically stored information. Debra discusses why employers should develop record retention policies that guide employees on the storage and destruction of company records.