Megan Dubatowka and Tina Lapsia Examine Workplace Evidence Preservation Risks for Bloomberg Law

June 1, 2026

Employees preparing potential workplace claims of harassment, discrimination or retaliation are often advised to document misconduct and preserve evidence. But when that process involves copying, forwarding or retaining company documents, it can actually create significant legal and strategic risks for them.

Harris St. Laurent LLP partner Megan Dubatowka and associate Tina Lapsia authored the Bloomberg Law Practitioner Insights article titled “Self-Help Discovery Carries Serious Risks in Employment Disputes.” The article examines the legal implications of employees retaining workplace documents in anticipation of litigation. While employees are often encouraged to preserve evidence, Dubatowka and Lapsia explain that improperly taking confidential or proprietary materials can expose employees to termination, counterclaims and other consequences.

Dubatowka and Lapsia also examine how courts evaluate so-called “self-help” evidence gathering through balancing tests that consider factors such as how documents were obtained, the nature of the materials and whether employees had alternative means of preserving evidence.

The authors further outline practical considerations for employees and employers navigating workplace disputes, including alternatives to copying confidential materials and the potential risks associated with terminating employees who engage in evidence preservation activities.

Dubatowka represents executives, entrepreneurs and companies in employment and commercial litigation, while Lapsia advises public and private companies and individual clients in high-stakes commercial and employment disputes and investigations.

Read the full article here: https://news.bloomberglaw.com/legal-exchange-insights-and-commentary/self-help-discovery-carries-serious-risks-in-employment-disputes