In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.
Either having an employee delete a potentially damaging or inflammatory e-mail or even an employee deleting an e-mail on their own, does not protect anyone. In fact, it could in the end harm everyone involved.
If a complaint or inappropriate conduct of an employee has risen to the level where you as an owner/supervisor, need to consult a Computer and Technology Forensics expert, one of the first areas checked is for deleted documents and/or e-mails. These items cause red flags during an examination of equipment, and the original items can and most likely will be found and/or reconstructed. It is very important to understand that the intentional destruction of evidence is a felony, and if proven, could land one in jail.