Cache Bux was riding high as the president of Nodding Donkey Oil Field Services which recently opened new offices in Peru. Nodding Donkey’s earnings were beyond its wildest projections. Cache would easily hit his annual employment agreement performance incentives – entitling him to a substantial year-end bonus. But Cache’s elation plummeted when he overheard two directors on Nodding Donkey’s board discussing a plan to fire him for “cause” to avoid paying his almost-certain bonus. Knowing there were no grounds for termination, Cache persuaded an IT consultant to scour the directors’ emails, which revealed multiple communications planning their scheme. Fearing the directors’ emails would be deleted, Cache gathered and saved them on a flash drive, along with the company’s financial reports, demonstrating that he satisfied all performance metrics. Cache hid the flash drive at home. Sure enough, the directors fired Cache for “cause” days before the annual bonus numbers were revealed. Cache hired a lawyer and turned over the emails and financial reports, thinking that he was well on the path to victory. He had saved key evidence, right? Or, did he?
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