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Employers Face Challenges in a Digital World

By John P. LeCrone

When Gutenberg invented the printing press 560 years ago, he changed society for centuries to come – in ways that could hardly be predicted at the time. His creation of the printing press allowed for an efficient and unprecedented way to produce and disseminate large amounts of information. As a result, knowledge spread quickly and the exchange of ideas began to flourish around the world. The widespread use and development of computers has also revolutionized the way society functions. With little or no incremental cost, companies can now store unfathomable amounts of data and information about their business. Documents, e-mails, and financial data all can be sent and retained indefinitely with the simple click of a mouse.

As remarkable and efficient as these capabilities are, they create dramatic new challenges for individuals and organizations alike. Employers, in particular, are faced with new challenges involving the retention of electronic records and data. What should be saved? How long is long enough? And what obligations do employers have to preserve electronic records when faced with actual or threatened litigation?

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