Employment Litigation: Proving Document Backdating in Wrongful Termination Case
The Challenge
A software engineer claimed wrongful termination and discrimination. The employer presented contemporaneous performance documentation dated weeks before termination. Plaintiff alleged the documentation was fabricated after the termination decision to create pretextual justification.
Our Approach
Forensic examination of HR department computers and document management systems
Metadata analysis of all performance review documents and disciplinary notices
Timeline reconstruction comparing stated document dates versus actual file system timestamps
Email analysis revealing internal communications about the termination decision
Comparison of document creation patterns across legitimate vs. disputed documents
Expert analysis of Microsoft Office metadata including author, company, creation date, modification date, and revision counts
Key Forensic Findings
Performance review dated January 10 had file metadata showing actual creation on February 3 (24 days after stated date)
All five "contemporaneous" disciplinary notices were created in a 2-hour period on the same day, weeks after termination
Document properties showed "Last Modified By" field containing different username than signature block author
Email from HR to supervisor: "We need to document performance issues retroactively to justify the termination"
Template metadata revealed documents were created from same template on same computer within minutes of each other
The Outcome
Forensic evidence proved all performance documentation was created 2-3 weeks AFTER the termination, with metadata showing actual creation dates contradicting the stated dates on the documents. Email evidence revealed management discussing termination before any performance issues were documented. Case settled favorably for plaintiff for $485,000 after forensic evidence demonstrated employer's documentation was fabricated.
Case Impact
Services Utilized
Computer Forensics
Email Analysis
Document Metadata Examination
Timeline Reconstruction
Expert Witness Testimony