Duty to Preserve Not Triggered by Employee Complaints

In Moore v. Lowe’s Home Centers, LLC, Case No. 14-01459 (W.D. Wash., June 24, 2016), plaintiff Marla Moore brought a Motion for Sanctions for Defendant Lowe’s Home Centers’ willful spoliation of evidence.  In short, Plaintiff claimed she was the target of verbal harassment, a hostile work environment, and was demoted as a result of her pregnancy.  The Plaintiff was ultimately terminated for violation of the Defendant’s photo copying policy.

 

Plaintiff’s sanctions motion stemmed from Defendant’s deletion of Plaintiff’s email account following her termination.

 

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