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In case of he-said/she-said harassment, can we make employees hand over text messages?

by 01/22/2014

Q. One of our employees was recently accused of sending sexually harassing texts to another employee. The complaining employee said she was so upset by the texts she deleted them; the accused employee adamantly denies sending the texts. Can we search the accused employee’s cellphone or is there a way to retrieve the messages from the complaining employee’s phone?

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