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Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.

Articles Discussing Case:

Can Employers Discipline Employees for “Self-Help Discovery”? Massachusetts Decision Raises More Questions Than Answers

Ogletree Deakins • July 05, 2016
Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and often impose discipline, including termination, for taking confidential documents. But what if an employee who has filed a discrimination suit against his or her employer takes confidential documents to assist in the case? That is, can an employer subject an employee who engages in “self-help discovery” to discipline for taking confidential information?