If you believe something improper is happening at work—discrimination, harassment, retaliation, wage violations—your instinct to “get proof” before you leave is completely understandable. Many employees come to me after the fact and say: “I knew something was wrong, but I didn’t take anything with me.” Others say the opposite: “I grabbed everything I could just in case.” The truth of the matter is that both instincts can create problems—but the second one can create serious legal risk if done the wrong way.
The Core Problem: Protecting Yourself Can Backfire
Most employees don’t realize this, but taking company documents—even if they prove wrongdoing—can expose you to legal claims. Under federal law (the Computer Fraud and Abuse Act, 18 U.S.C. 1030 et seq.) and New Jersey law (the Computer Related Offenses Act N.J.S.A. 2A:38A-1 et seq.), accessing or taking data without authorization can be treated as:
- Unauthorized access to a computer system
- Theft or “conversion” of company property
- Misuse of confidential or proprietary information
And here’s what catches people off guard: Your intent matters less than you think. Even if your goal is to prove discrimination or protect yourself, the method you use can still be unlawful.
Company Policies Matter More Than You Think
Most employers have written policies about:
- Confidential information
- Email and data access
- Use of company systems
- Forwarding or downloading documents
If you violate those policies—even for a “good reason”—your employer may:
- Terminate you for cause
- Argue you engaged in misconduct
- Deny severance
- Challenge your eligibility for unemployment benefits
And once that happens, your case becomes more complicated.
How Employers Turn This Against You
I’ve seen several cases in New Jersey where an employee brings a legitimate claim—say, discrimination or retaliation.
However, the employer discovers the employee: forwarded internal emails to a personal account; downloaded files before resigning; or took confidential documents. Suddenly, the narrative shifts. Instead of focusing on what the employer did, the defense become: the employee is untrustworthy, violated company policy and stole confidential company property.
Employers may file counterclaims or use this conduct to undermine the employee’s credibility, limit damages and force employees into a weaker settlement.
So What Can You Safely Do?
The goal is to preserve evidence without creating new legal exposure. Here are safer, generally accepted approaches:
Keep Detailed Personal Notes
Document what you observe in real time:
- Dates, times, and locations
- Who was present
- What was said or done
- Any witnesses
Do this on your own device, on your own time—not on a company computer. These notes can become powerful evidence later.
Preserve What Was Already Sent to You
If your employer legitimately sent you something (for example, an email addressed to you), you may be able to retain it. However, do not forward large batches of internal documents or access systems you normally would not access. There is a big difference between keeping something you already received versus going out and gathering additional internal materials.
Don’t Go “Fishing” in Company Systems
Avoid accessing files you don’t normally use, downloading shared drives or databases, taking HR or personnel files, or using someone else’s login or credentials. Any one of the aforementioned actions can create legal exposure.
Let the Legal Process Do Its Job
One of the most important things employees don’t realize is that you do not need to take everything yourself to prove your case. Once you have an attorney and a formal claim, you can obtain documents through subpoenas and discovery. Courts can require employers to produce emails, records, and internal files. Moreover, employers have legal obligations to preserve evidence. Trying to “self-help” your case by taking documents is often unnecessary and risky.
The Most Important Step: Talk to an Attorney First
If you’re even thinking about collecting evidence, pause. This is the moment to speak with an employment attorney—not after you’ve already acted. A short consultation can help you:
- Understand what is safe vs. risky in your specific situation
- Preserve evidence properly
- Avoid actions that could damage your claim
- Build a stronger case from the start
If you feel something is wrong at work, trust that instinct. You’re not overreacting for wanting to protect yourself. But here’s the key takeaway: how you gather evidence can matter just as much as the evidence itself. Acting carefully now can mean the difference between maintaining a strong, credible legal claim and a case that gets sidetracked by allegations about your conduct.
If you’re in New Jersey and facing this situation, it’s worth getting clear, practical guidance before making any moves. A quick conversation now can prevent a much bigger problem later. Feel free to contact me at cheyer@scura.com or call me at (973) 696-8391.
