Hoosier Banker 25 Given employers’ legal obligations to maintain various records, employers are at risk for third-party spoliation claims, except for worker’s compensation cases. (The Indiana Supreme Court has previously held that an employee whose injuries are covered by worker’s compensation does not have a third-party claim for spoliation of evidence, because the Worker’s Compensation Act was expressly designed to be the exclusive remedy against an employer for any claim relating to a workplace injury.) Employers should develop record retention policies that provide guidance to employees regarding storage, retention and destruction of company records, including a plan for what will happen if the company is threatened with actual or potential litigation or with a government investigation. Employers also are cautioned not to ignore a current or former employee’s request for records. Such requests should be addressed in a timely manner to ensure compliance with any applicable laws and to minimize exposure for a spoliation claim. HB CHICAGO INDIANAPOLIS ST. LOUIS MILWAUKEE A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs ANDREW PODGORNY | LARRY TOMLIN | STEPHEN STITLE | MARK WENZEL | BRANDT HARDY | PHIL FOWLER ELIZABETH TRAYLOR | MARTHA LEHMAN | DEBRA MASTRIAN | JOHN TANSELLE Congratulations to Elizabeth Kilty, Indiana Bankers Association Employee of the Month for January. She serves the IBA as education meeting coordinator. As part of a professional development campaign, IBA members, associate members and staff are invited to submit names of IBA employees in recognition of exemplary service. Nominations are read at monthly meetings, and a drawing determines the Employee of the Month, who is awarded a prize. Please call 317-387-9380 to nominate an IBA staff person, or email any IBA associate with a nomination name and description of the service provided. In IBA’s efforts for continual improvement, member feedback is much appreciated. HB IBA EMPLOYEE OF THE MONTH Elizabeth Kilty Indiana’s Money Smart Week, scheduled for April 2128, is a public awareness campaign that helps consumers better manage their finances. MSW is supported by the Federal Reserve Bank of Chicago and is coordinated in Indiana by the Indiana Council for Economic Education. Banks are encouraged to register as partners to schedule financial literacy events during Money Smart Week. For more information, contact J.W. Fansler, ICEE, 765494-8544, jwfansle@purdue.edu, or go to moneysmartweek.org/partners_signup to register. HB Register for Money Smart Week, April 21-28
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