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Originally published on LinkedIn May 26th 2016

Even though Defendants deleted plaintiffs’ email account after she had filed an EEOC claim and the HR person that was also individually sued deleted her emails with the person that was hired to replace plaintiff, the Court found that Defendants did not act in bad faith because the computer expert hired by plaintiff did not find any evidence of it.   Shouldn’t legal terms such as “bad faith” be up to the courts to decide based upon the facts presented by the technical expert?  Martin v Stoops – USDC, SD Indiana


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