Sometimes, when a party to a case wrongfully destroys an important piece of evidence, the other side may be entitled to seek, and obtain, a penalty from the party who caused the destruction. The remedy to which you may be entitled for the “spoliation” of evidence can vary depending on the facts. If the destruction of the evidence was due to negligence, the penalties would be less severe than if the destruction was intentional. In some cases, you may be able to obtain money sanctions, or you may be able to persuade the trial judge to give the jury a specific instruction that says that they, the jury, may make in their deliberations certain negative factual inferences against the party who destroyed the evidence. This might include such things as making an inference that the destroyed evidence was relevant and was harmful to the destroying side’s case.
When it comes to demanding evidence, discovering that evidence has been destroyed and seeking remedies for improperly destroyed evidence, there may be many procedural options available to you. The key is having a detailed understanding of the rules and the law. That means having a knowledgeable Oakland employment attorney on your side.
The Fresno Bee reported on the wrongful termination case of a restaurant manager in Fresno, which was an example of this type of scenario. J.O. was the general manager of a restaurant chain’s location near Fresno State University. The manager had been with the employer for more than a decade, receiving “outstanding performance reviews” along the way. In 2014 and 2015, things allegedly changed, however. The manager developed carpal tunnel syndrome in her wrist and filed a claim for workers’ compensation benefits based upon the workplace injury to her wrist. After that, the employer’s upper management allegedly hatched a plot to retaliate against the manager for filing the workers’ comp claim, according to the report.