Can I use confidential documents from my job to prove a whistleblower retaliation case?

Описание: Can I use confidential documents from my job to prove a whistleblower retaliation case? | Zuckerman Law | Experienced Whistleblower Advocates | Jason Zuckerman | https://www.zuckermanlaw.com/ | (202) 262-8959 | 1629 K St NW, Ste 300, Washington, DC 20006


Whenever I interview a prospective client who believes they have a claim of reprisal, I want to know if after they were no longer employed did they hold on to a lot of the emails or other evidence that might help prove their claim. If they did, we have to look at that very closely to ensure that the employer will not be able to bring a claim against my client. I ask a few things.

One, did the client get those emails in the ordinary course of performing his or her job responsibilities? Number two, does the client have any emails or other documents that relate to legal advice provided by an in house lawyer or an outside lawyer? If they have that, I shouldn't see it and the client should not have it, and we may have an obligation to provide it to the employer.

I also ask, why did the client feel that they have to hold onto those emails and that they won't be able to get them if we pursue this lawsuit and make a request on the employer? In certain instances a client is able to hold onto emails and to other documents from their employment to prove a claim, but in other instances I might advise the client, "Why don't we create an index for those emails, give them back to the inside lawyer or outside lawyer, and then ask for them when we pursue the claim?"