Menu
Menu (tap to expand)
Menu
Once you are ready to download a Forensic Note or Forensic Notebook, refer to the Download FAQ section.
Information on how to validate your files is also discussed.
Menu
Menu (tap to expand)
Menu
Once you have decided what type of Notebook you want to create, you can create the type of notebook you need within the “All Notebooks” panel.
Changing Notebook Name:
In the video above, the user double-clicks on the notebook name to go into edit mode so that the Notebook name can be changed.
Edit Note Name
Double-clicking Notebook and Note name to go into edit mode works on both desktop and mobile devices.
The new Notebook will automatically show up within the “Selected Notebook” panel when it is created.
A new note within the Notebook can now be created by clicking the “New” button.
A new non-timestamped note will then be created.
Editor Overview
The advanced editor has many features including an auto-save feature to ensure you do not lose your notes.
Auto-Save Feature
Auto-Save – Date & Time Displayed
The editor will display the last time a note was saved in the lower right corner.
Additional Editor Features
The editor also has the following features:
- Spell correction
- Adding images into your notes
- Editing images
- Adding hand-written notes and diagrams
- And many more…
Editor Features – FAQ
For information on how to complete the above tasks and many more, refer to our Editor FAQ page.
Timestamping A Note
When you are ready to Timestamp your note, click the “Timestamp” button below the editor.
This will:
- Generate a PDF of your note
- Digitally sign your PDF with an electronic signature and add a timestamp from an independent timestamping authority. (This process generates a Forensic Note)
- A second timestamp is then obtained for the Forensic Note (PDF)
Generating a Forensic Note is like carving your note in solid granite.
Once you generate a Forensic Note, you will not be able to change that note.
Editable copies of your Forensic Note can be created but the original Forensic Note will remain un-altered.
Timestamping – Further Information
If you are interested in the technical details of timestamping a note, please refer to our detailed article “Timestamping Authority (TSA)“.
Editing Notes
To edit a note, click the “Edit Note” button as shown below.
As shown in the above video, you do not have to re-timestamp the new note until you are ready.
Editing a Forensic Note – Actually You are Creating a Copy to Edit!
Each time you edit a timestamped note (Forensic Note), you create a copy of the original and edit the new copy.
The original Forensic Note (Timestamped Note) remains un-altered.
Although you can change the date and time of the note entry, this does not affect the actual timestamp which can be used to show when you saved the note.
As a result, editing Forensic Notes should only occur to correct minor mistakes such as spelling, grammar or to further clarify existing information.
Attempting to change a notes original meaning or removing information you no longer want disclosed can be discovered by the opposing party.
This is because the original note will be part of the Forensic Notebook you download for legal disclosure.
Instead of removing information, you should instead Redact the information as you normally would.
Forensic Notes increases your credibility because you can prove that you are providing all information you have related to an incident.
As discussed within the “Types of Notebooks” section, only the following notebooks allow editing of Forensic Notes:
- General Notebooks
- Forensic Notebooks (w/ edits)
As shown in the image above, you can view All Timestamped Notes (Forensic Notes) by clicking on the icon indicated which will result in the following view.
As you can see above, the original Timestamped note (Forensic Note) is still visible and available for download.
All versions of a Forensic Note will be displayed in this view with each version clearly identified.
Full Disclosure – Editing Notes
When you download a Forensic Notebook, it will include all previous versions of Forensic Notes to provide full disclosure.
Menu
Menu (tap to expand)
Menu
Within the “Selected Notebook” panel, you have several options as shown in the image below.
Create New Note
This option will allow you to either create a new note or folder.
Folders are solely for helping to organize your notes within the Forensic Notes application.
Folders do not affect the final Notebook when it is generated as a PDF.
Download
This option will allow you to download either a single Timestamped Note (Forensic Note) or a Notebook depending on if you have the root node (Notebook) or an individual Forensic Note selected.
Delete Note
This option will allow you to delete a non-Timestamped Forensic Notes.
See below for information on “Mark Forensic Notes as Deleted” option.
Deleting Forensic Notes – “Mark Forensic Note as Deleted”
Forensic Notes cannot be deleted once they are timestamped.
Similar to the idea that you cannot permanently remove or cover up a note written in pen in a paper notebook, you can’t permanently delete a timestamped note in your electronic notebook.
Instead, we allow you mark the note as deleted which still allows the note to be readable, but crossed out to indicate that a mistake was made.
You are also able to provide a reason for the deletion which will be included in your Forensic Notebook PDFs.
For further information on how to Mark Forensic Notes as Deleted, refer to the
“FAQ – How Do I?” section.
Audit Logs
Audit Logs within this section only show actions taken against the currently selected Forensic Notebook.
Audit Logs are only generated for actions involving Forensic Notebooks and Forensic Notes. Actions against Non-Timestamped Notes and General Notebooks are not captured.
Audit Logs – Admins Only!
This option is only available to Administrators of your account.
Regular users will not be able to see the audit logs.
For more information on managing Team Members, click here.
View All Timestamped Notes (Forensic Notes)
This option is only available for:
- General Notebooks
- Forensic Notebooks (w/ edits)
This option allows you to view all timestamped notes associated with your Forensic Notebook including older versions.
Both General and Forensic Notebooks (w/ edits) allow you to edit existing notes and re-timestamp as required.
When you choose to edit a timestamped note, the system will make a copy of your original timestamped note to edit. The original timestamped note (Forensic Note) will remain un-altered and available if required.
To switch back to viewing “Active Documents”, click the Notebook icon as shown in the image below.
Editor Overview
Editor Features
The Note Editor contains many features, for further details refer to our “FAQs – Editor Features” section.
Menu
Menu (tap to expand)
Menu
Within the “All Notebooks” panel, you have several options as shown in the image below.
We will now break down each option in more detail.
Create New Notebook
Forensic Notes Professional accounts offer three (3) different types of notebooks:
- General Notebook
- Forensic Notebook
- Forensic Notebook (w/ edits)
Starter Accounts
Starter accounts are limited to “General Notebooks” only.
To determine which notebook you should use, refer to “Types of Notebooks” section.
As you can see in the image, you can also create Folders so that you can organize your Notebooks to suit you or your organization’s needs.
Arranging Notebooks & Folders
Only Administrators will be able to re-arrange notes and create folders within the “All Notebooks” section.
By default, the user who created the account will be set as an Administrator.
For more information on managing users within Team accounts, click here.
Team Accounts:
By default, all Starter and Professional accounts are setup to invite other Team Members.
Delete Notebook
This option will allow you to delete the currently selected notebook if no Forensic Notes exist within that notebook.
Audit Logs
Audit Logs in this section show a history of activities that have occurred in your account including, but not limited to:
- Creating Forensic Notebooks
- Creating Forensic Notes
- Viewing Forensic Notes
- Downloading a Forensic Notebook
- Downloading a Forensic Note
Audit Logs are only generated for actions involving Forensic Notebooks and Forensic Notes.
Actions involving Non-Timestamped Notes and General Notebooks are not captured.
Audit Logs – Admins Only!
This option is only available to Administrators of your account.
Team Members will not be able to see the audit logs.
For more information on managing Team Members, click here.
Menu
Menu (tap to expand)
Menu
Watch: Introduction to Using Forensic Notes
Play Video
Overview of Forensic Notes (Advanced Mode)
As you can see in the above overview of the application, a selection in the “All Notebooks” panel changes the view in the “Selected Notebook” panel.
A selection in the “Selected Notebook” panel then changes the current note being viewed.
Now let us look at each panel section in more detail.
Menu
Menu (tap to expand)
Menu
After you create your account, you will be logged into the Forensic Notes application.
Terms & Conditions
The applications Terms and Conditions will be presented to you upon login.
Please check (and read) each term and then click the “I Accept” button.
Select Time Zone
Selecting the appropriate Time Zone will allow all date/times to be displayed in your local time in the application and any PDF reports.
Time Zone
All times are stored in UTC within the system which will allow you to change the time zone later if required.
Forensic Notes allows you to validate the authenticity of notes and attachments by physical file or by providing a SHA-512 Hash. To determine the SHA-512 Hash of your physical file, we suggest you download the following tool. Although it looks a bit ‘dated’, it is one of the easier to use applications for this purpose.
HashMyFiles by NirSoft
http://www.nirsoft.net/utils/hash_my_files.html
Download links can be found near the bottom of the page.
– Customized Interface & Features –
Workplace harassment is an all-too-common phenomenon in today’s workplaces which can lead to physical and mental health issues such as anxiety, depression and panic attacks among those who are victims of it. While it isfrequently of a sexual nature, workplace harassment also takes other forms andmay involve violence, bullying or other abusive, threatening or demeaning behavior…With adequate evidence, such as those which Forensic Notes empowers victims to assemble, a victim of workplace harassment can confidently fight against harassment and potentially receive compensation that could be in the hundreds of thousands of dollars…
Why Use Forensic Notes to Document Workplace Harassment?
Stop Sexual Harassment in the Workplace
- Prove* when you were harassed
- Prove* who witnessed the workplace harassment
- Prove* how you felt on any given day as a result of your workplace harassment
- Paper notebooks and electronic files can be easily altered resulting in your credibility being questioned within the courts — Go to court with confidence…Go to court with Forensic Notes which are Digitally Signed and Timestamped by an independent third party proving you made the note on the date stated in your document
With Forensic Notes, you will be able to state in detail all occurrences of workplace harassment, who witnessed the harassment and how you felt as a result of the harassment years after the incident. Would your credibility be questioned in court if you can state in detail what happened two years prior not only for one incident, but numerous incidents and also prove that you had made those notes two years prior?
Disclaimer: * “Prove” does NOT indicate that Forensic Notes provides 100% undeniable proof that something occurred, rather Forensic Notes helps you as the author prove your information taking into account your evidence, background and articulation of the events. With Forensic Notes, you can help prove that you entered the note on a given date and time.
Each Forensic Note PDF has been Digitally Signed by [email protected]. As a result, any attempts to change the Forensic Notes PDF will result in a warning to the user when the Forensic Note is viewed within Adobe Reader / Acrobat as shown below.
Invalid Forensic Note – Document was changed
The above warnings indicate that the Forensic Note was modified in some way since it was originally saved and signed within the Forensic Notes application.
Valid Forensic Note
Digital Signature Not Trusted (Expected on 1st time viewing)
The certificate associated with the Digital Signature has not been trusted on the computer viewing the Forensic Note. This is expected when first viewing a Forensic Note on a computer for the first time. For steps on how to trust the Digital Certificate associated with the Digital Signature, go to How to Trust Digital Signing Certificate.
Valid Forensic Note
What is an Electronic Sigature (eSignature)?
Electronic signatures (eSignatures) are the equivalent of a handwritten signature in the paper world. In simple terms, an electronic signature is simply a digital image of a signature displayed within an electronic document.
What is a Digital Signature?
Digital signatures strengthen electronic signatures by encrypting the contents of a document which allows applications to detect if the document was tampered with or altered.
Although digital signatures appear to be complicated, the knowledge required to use and validate digitally signed documents associated with Forensic Notes is minimal.
For most people using Forensic Notes, the above information is all that is needed to understand the Digital Signing process.
Forensic Notes Proprietary Validation Tool will complete the complex validation and simply display the validity of the document as either being Valid (Green) or Invalid (Red).
Technical Information – Digital Signature
The digital signature relies on a digital fingerprint which is a SHA-512 Hash value. The Hash value is calculated using a one-way encryption algorithm which generates the unique value for the document.
The only way to generate a duplicate SHA-512 Hash value is if an exact duplicate file is analyzed.
The digital fingerprint is then encrypted with a Private Key through a process involving Public Key Infrastructure (PKI).
As part of the Digital Signing process utilized by Forensic Notes, an independent digital timestamp is obtained from DigiStamp, our Timstamping Authority (TSA).
DigiStamp is trusted by large banks, government agencies and global organizations.
The digital timestamp is embedded within the Digital Signature at the time of signing. This allows the person viewing the document to know the exact data and time the document was digitally signed.
The result is an electronic document that is designed to detect tampering and modifications. If any modification or tampering of the document occurs, the signature becomes invalid and will fail to validate using Forensic Notes Proprietary Validation Tool.
In addition, the digital signature can be checked and validated within Adobe Reader or Adobe Acrobat.
Digital Signature – What does it mean for you?
From a legal perspective, this allows the creator of the Forensic Note to prove that a note or attached document existed at the date and time specified.
Not only can the owner prove that the note or attachment existed, but also that it has not been modified or altered since the signature was applied.
This is vital for admitting documents into a court room – as there may be challenges about the reliability of your documents and the time they were actually written.
Can you PROVE when you created a note or document?
Many people are not aware that a document can be easily manipulated to appear as if it was created days, months or even years in the past. The process can be easily accomplished by:
- Setting back the computers clock
- Creating a document
- Saving the document
- Resetting the computer clock
The result will be a document that appears to have been created in the past. Although it may be possible for an experienced digital forensic examiner to determine the original date, the process to do so is both difficult and time consuming.
Digital Signatures and Forensic Notes Proprietary Validation Tool solves the problem of being unable to prove when a document was saved. This ensures that the author of each Forensic Note can easily PROVE when a note or document was created.
As a result, you will be able to present your notes and documents and face any scrutiny with credibility and integrity.
Every Forensic Note and Forensic Notebook is Digitally Signed by a Digital Signing Certificate issued by GlobalSign, a Certificate Authority (CA). By default, Adobe Reader / Acrobat do not have knowledge of the certificate which results in the warning “At least one signature has problems” (as shown below).
To properly validate your Forensic Notes and Forensic Notebooks, follow the steps outlined below which will add the Digital Signing Certificate to your list of Truststed Certificates. The following steps only need to be completed once on each computer viewing Forensic Notes and Notebooks.
NOTE: The following instructions are for Adobe Acrobat Reader CS. Other versions of Adobe Acrobat will have similar features and options.
Step #1 – Signature Panel
1. Click on “Signature Panel”
2. Click the dropdown menu next to “Validate All”
3. Click on “Validate Signature”
4. Click the “Signature Properties…” button
Step #2 – Signature Properties
The following menu shows the properties of the Digital Signature. As shown, the Forensic Note has not been modified since it was Digitally Signed.
1. Click the “Show Signer’s Certificate…” button
Step #3 – Certificate Viewer – Summary
The following menu shows further information related to the Digital Certificate.
1. Click the “Trust” tab
Step #4 – Certificate Viewer – Trust
The following menu shows that the associated Digital Certificate is not trusted.
1. Click the “Add to Trusted Certificates…” button
Step #5 – Add Trust Settings
This following menu allows you to set the Trust level for the Digital Certificate associated with Forensic Notes and Notebooks. To properly validate Forensic Notes and Notebooks, you only need to ensure that the following two (2) options are selected:
1. Use this certificate as a trusted root
2. Certified documents
3. Click “Ok” to save changes
Dynamic Content, Embedded high privilege JavaScript and Privileged system operation options do NOT need to be selected. These can cause potential security concerns in some environments and are not required for validating Forensic Notes.
Step #6 – Validate Signature
Now that the Digital Certificate is trusted within Adobe Reader/Acrobat, the Forensic Note or Notebook must be re-validated as it will continue to show errors until completed.
1. Click on menu icon next to “Validate All”
2. Click on “Validate Signature”
The Digital Signature will be re-validated now that the Digital Certificate is trusted.
Step #7 – Valid Signature
The Signature Panel should now show the following message:
“Signed and all signatures are valid”
View List of Trusted Certificates – Adobe Reader
To view the list of Trusted Certificates within Adobe Reader, following these steps:
1. Click “Preferences…” within “Edit” menu
2. Click “Signatures”
3. Click “More…” button within “Identities & Trusted Certificates”
4. View list of Trusted Certificates
Document Workplace Bullying Harassment & Discrimination for Free
Court-Ready Documentation!
Designed for:
- Workplace Harassment
- Workplace Discrimination
- Workplace Bullying
- Hostile Work Environments
Documenting your experiences is one of the most powerful actions you can take against bullying.
Privacy is Protected – Security is Forensic Notes’ #1 Priority
Forensic Notes are securely stored and encrypted so only you can access and read your notes until you decide to provide them to others.
All private data is encrypted at rest and in transit.
Easily Defend Against Attacks Surrounding the Credibility of Your Dates
The ability to prove when you wrote a note or saved a document is essential in both civil and criminal court.
However, the reality is that it is very easy to change the date of most computer files such as MS Word documents.
Forensic Notes protects your credibility when questioned!
Easily PROVE the Authenticity of Your Notes & Documents
Every Forensic Note PDF is Timestamped by an independent Timestamping Authority (TSA) and then Digitally Signed. A second Timestamp is then obtained before all the information is entered into our proprietary Validation Tool.
Validating a Forensic Note is fast and easy. Simply Drag & Drop!
No Obligation – No Payment Information Required
Let Us Help You Through This Tough Time!
Supported Browser Versions
Forensic Notes supports the current and prior major release of Chrome and Internet Explorer web browsers. Forensic Notes is committed to providing the best user experience to it users through new technology which is offered by the latest browsers. New browsers also provide additional security and protection of your sensitive information which is Forensic Notes #1 priority.
Forensic Notes supports the following browsers:
Future Browser Support
We are currently working to support Firefox, Internet Explorer & Edge browsers. If you would like to be notified when Forensic Notes can be accessed with these browsers, please enter your email below.
Cookies and JavaScript
Cookies and JavaScript must be enabled to properly use the Forensic Notes application.
Fake a Date – File Metadata | ForensicNoteshttps://forensicnotes.wistia.com/medias/yco44b3enj
Change File Dates | Forensic Noteshttps://forensicnotes.wistia.com/medias/kq058tduv5
EEOC – What is the EEOC? | Forensic Noteshttps://forensicnotes.wistia.com/medias/3zmgro9ige
Workplace Harassment, Bullying & Discrimination | Forensic Noteshttps://forensicnotes.wistia.com/medias/zg6dqhow7q
Validate Forensic Notebooks, Notes and Attachments – How To | Forensic Noteshttps://forensicnotes.wistia.com/medias/93n0zsywsf
© TwiceSafe Software Solutions Inc. | All Rights Reserved
TwiceSafe Software Solutions Inc. DOES NOT provide any legal advice and users of this web site should consult with a lawyer to determine if the information provided on this site is valid for their given circumstances. Use of this web site is governed by our Terms & Conditions; refer to this document for more information.
Adobe Reader / Acrobat Validation NOT Always Required!
The instructions within this article are provided to validate a Forensic Note via Adobe Reader or Adobe Acrobat. However, validation via the Forensic Notes Proprietary Validation Tool is recommended due to its ease of use and validation capabilities.
1. Open a Forensic Note / Notebook within Adobe Reader or Acrobat and ensure that the “Valid Forensic Note” signature panel is displayed (see below). If Digital Certificate has not been trusted, go to Trust Digital Signing Certificate and follow the instructions before proceeding.
2. Confirm that the PDF has been Digitally Signed by [email protected]
3. Confirm that the document has not been modified since the signature was applied.
4. Confirm that the signing time of the document approximately matches the time you have recorded within the Forensic Note or Forensic Notebook. To view the signing time of the Forensic Note, you must “Show Signature Properties…”.
Dates & Times – Why Approximately?
While validating a Forensic Note or a Forensic Notebook, up to three (3) different dates & times may be found which will all be valid if they fall within a couple minutes of each other due to how Forensic Notes are processed. Forensic Notes are processed in three (3) distinctive steps:
Step #1 – Database Save
Forensic Note information in saved read-only into the database. The date and time associated with saving the data into the Forensic Notes application is recorded and printed within the generated PDF.
Step #2 – Digital Signature Applied
A Forensic Notes PDF is generated which includes the printed date and time from Step #1. The Forensic Note PDF is then Digitally Signed with a Digital Signing Certificate. The date and time associated with the Digital Signature is recorded within the Digital Signature. This Digital Signature’s signing date can then be displayed within the PDF as the Signing Date & Time. (see Validate via Adobe Reader / Acrobat – Step #4)
Step #3 – Timestamp Generated
A one-way HASH of the Forensic Note PDF is sent to our independent and trusted third-party Timestamping Authority (TSA) which provides a timestamp of the Forensic Note or Forensic Notebook. The date and time associated with the timestamping is recorded within the Digital Timestamp Certificate and returned to the Forensic Notes application. (see Validate via Timestamp Certificate)
These three (3) steps are normally processed quickly resulting in minimal differences in times associated with all three steps. However, larger documents or heavy network utilization may result in longer delays between steps causing more significant time differences. As a result, times should approximately match within a couple minutes’ difference.
Can You PROVE When You Wrote a Note or Saved a Document?
The ability to prove when you wrote a note or saved a document is essential in both civil and criminal court.
Being able prove that a document existed or was written on a particular date can often determine the outcome of the trial.
This can be especially true in Workplace Bullying & Harassment cases where it often becomes a “he said, she said” situation.
Due to how prevalent harassment is within many organizations, civil courts have begun to award large settlements to victims who are able to prove that they were a victim of harassment within an organization.
As a result, Human Resource (HR) Departments need to ensure they are properly documenting all employee interactions as a lack of notes is considered a lack of evidence.
The inability to properly recall events potentially months or years in the past can be detrimental to the outcome of the case.
However, the reality is that it is nearly impossible to PROVE the date of a document unless it is Digitally Signed and Timestamped.
The only way that you can potentially prove the date of an electronic file that is not Digitally Signed and Timestamped is to hire an experienced Digital Forensic Examiner to examine the computer system that created the document.
Digital Forensic Examination
An independent and experienced Digital Forensic Examiner will cost between $150 – $350 / hour with most forensic examinations taking a minimum of 40hrs.
(avg. $240/hr x 40 = $10,000 USD)
In many cases, the Digital Forensic Examiner will still be unable to state with 100% confidence that the file existed and that no manipulation of the date and time had occurred within the system.
Document Dates Are Important – Google Proof
A recent Google search for the following terms was conducted.
~ Date: 2016-08-27
How do I prove when I wrote a word document
Results: 172,000,000
How do I prove when someone wrote a word document
Results: 169,000,000
How do I prove the date of a file
Results: 114,000,000
As you can see, the above questions are commonly Googled and as a result they have between 114 to 172 Million results each!
Date Altering Programs
Watch the following video to see how easy it is to change the Date Created, Date Modified and Date Accessed values within Microsoft Windows.
Fake a Date – Change Microsoft Windows Date & Time
Watch the following video to see how easy it is to change the date & time within Microsoft Windows.
Almost all programs such as Microsoft Word, Excel and Adobe PDF rely on the date & time set within Windows to timestamp files with an internal date & time (metadata).
This metadata is often used within court proceedings to prove the existence of a document at a particular date & time as it’s believed to be accurate.
In most circumstances this metadata is accurate, but as you will see, it can be easily manipulated for nefarious reasons.
Fake A Date Documents
The following Microsoft Word and Adobe PDF documents are the files created within the “Fake a Date” video above.
Both were created on 2016-08-01 but the metadata within the files show that they were created on 2010-06-10.
Do you Trust the Metadata within documents?
Can You PROVE When You Wrote a Note or Saved a Document?
The Solution is Forensic Notes!
Forensic Notes is your solution to PROVING the date of every important document in your future.
Every Forensic Notebook, Note and Attachment is Digitally Signed, Independently Timestamped and easily verifiable.
Interested in seeing how Forensic Notebooks, Notes and Attachments are validated?
Tour & Features
Interested in seeing all the features of Forensic Notes?
Validating Forensic Notes
The following page will allow you to test the Validation Process so that you can see how easy it is to PROVE when you Wrote a Note or Saved a Document.
FORENSIC NOTES – Terms and Conditions
Forensic Notes consists of online services and a website located at www.ForensicNotes.com, including subdomains, that provides users with access to the Forensic Notes digital notebook and note taking web application (collectively, the “Service”). The Service is provided by TwiceSafe Software Solutions Inc. (“TwiceSafe”).
Use of the Service is governed by these Terms and Conditions and a Privacy Policy detailing how TwiceSafe uses the information it collects. You must agree to the Terms and Conditions and Privacy Policy in order to use the Service.
By clicking “I agree” or by using the Service, you agree to be bound by the Terms and Conditions and Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind the organization to the Terms and Conditions and Privacy Policy and are agreeing on behalf of that organization. Where you are using the Service on behalf of an organization, “you” refers to that organization.
1. UPDATES
TwiceSafe reserves the right, at its sole discretion, to change or add or remove portions of the Terms and Conditions or Privacy Policy at any time (“Updates”). TwiceSafe shall notify you of Updates by email, if you provided a valid email address, and to make them available at www.ForensicNotes.com. You are deemed to accept any Update by continuing to use the Service. Unless TwiceSafe states otherwise, Updates are automatically effective 30 days after posting on www.ForensicNotes.com.
2. TERMINATION
If at any time you disagree with the then-current Terms and Conditions or Privacy Policy, you must immediately stop use of the Service and notify TwiceSafe of your intention to terminate by emailing [email protected]. Termination is effective as of the date TwiceSafe receives notice.
3. USING THE SERVICE
The Service may require hardware including, but not limited to, a computer or mobile device with a then-current web browser and an Internet connection. A list of current supported web browsers is available at www.ForensicNotes.com/Supported-Browsers and that may change, without notice, in TwiceSafe’s sole and absolute discretion. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection. Additionally, if you are an enterprise subscriber, the Service may require hardware and software to operate a local server containing your data. You are solely responsible for providing and securing the local server and all data it contains.
4. SERVICE TERMS
4.1 Service Subscription.
Except as otherwise provided in the Terms and Conditions, TwiceSafe grants you a non-exclusive, revocable, non-transferrable subscription to access and use the Service through registered accounts (each, an “Account”) (collectively, the “Subscription”). You acknowledge that no title or ownership interest in the Service or Subscription is transferred or assigned to you and that the Terms and Conditions is not a sale of any right to the Service or Subscription. YOU MUST BE OF THE AGE OF MAJORITY IN YOUR JURISDICTION TO ACCESS AND USE THE SERVICE.
4.2 Accounts.
The Subscription requires you to register one administrator-level Account (the “Primary Account”) and, if permitted by your Subscription, a number of subordinate Accounts, to access the Service. You are permitted to register the number of Accounts permitted by your Subscription type. An Account may only be used by the person for whom it was registered by the Primary Account holder. You acknowledge that no title or ownership interest in an Account is transferred or assigned to you and that the Terms and Conditions is not a sale of any right to an Account and agree that all rights in an Account shall be owned by TwiceSafe, excluding User Content (as defined below).
4.3 Username and Password.
Registering an Account requires you to select a user name and password (“Login Information”). You are solely responsible for keeping Login Information confidential. YOU AGREE TO BE BOUND BY ANY USE OF YOUR LOGIN INFORMATION, INCLUDING PURCHASES, WHETHER OR NOT YOU AUTHORIZED SUCH USE. If you become aware of, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning unauthorized use may be emailed to TwiceSafe at [email protected].
4.4 Information Collection.
Registering Account(s) and using the Service may provide TwiceSafe with personal and anonymous information that is collected and used in accordance with the Service’s Privacy Policy. You agree to provide accurate and complete personal information to TwiceSafe and to update your information if it changes. The Privacy Policy is available at http://www.iubenda.com/privacy-policy/7787168/legal.
4.5 Accuracy of Information.
If you provide information to TwiceSafe including, but not limited to, an email address, phone number, address or credit card billing information (collectively, “Account Information”), you represent and warrant that such Account Information is accurate and complete. You shall promptly notify TwiceSafe of any change to your Account Information. TwiceSafe is neither liable nor responsible for the delivery, or receipt, of information sent to you using Account Information.
5. SUBSCRIPTION FEES, PURCHASES AND FEATURES
5.1 Subscription Fees and Add-Ons.
TwiceSafe charges a Subscription fee that varies depending upon the type of Subscription selected (the “Subscription Fee”) and add-ons, such as additional storage or additional Accounts, provided for an additional fee (“Add-Ons”). TwiceSafe will warn the Primary Account holder when an Account is approaching the limit of certain features provided by a Subscription and provide an opportunity to purchase Add-Ons to extend such features. The Primary Account holder shall provide TwiceSafe with a credit card and billing information to process the Subscription Fee and Add-Ons and agrees that TwiceSafe, or any third party acting on TwiceSafe’s behalf, is authorized and has the right to charge the credit card for applicable fees, charges and taxes that TwiceSafe is required to collect on a recurring yearly basis and that shall be billed on the date corresponding to the start of the paid Subscription. Where the Primary Account holder subscribes to an Add-On during an annual Subscription period, the price of such Add-On shall be prorated according to the period remaining in such annual Subscription and, thereafter, Add-Ons will be charged as part of the recurring Subscription fee for each annual period unless the Primary Account holder chooses to modify the Subscription pursuant to section 5.6 below. The Primary Account holder may change billing status details with TwiceSafe, those not yet charged to the applicable credit card, by contacting [email protected]. Please note that the Primary Account holder must cancel a Subscription and/or Add-Ons prior to the next recurring charge occurring in order not to incur charges for the next billing period.
5.2 Subscription Trial.
If a Subscription begins with a free trial, such free trial lasts for thirty (30) days or such other time period specified during sign-up. Whether you are eligible for a free trial is determined by TwiceSafe, in its sole discretion. Unless the Primary Account holder elects to cancel a Subscription prior to expiration of the free trial pursuant to section 5.6, upon completion of the free-trial period, the Primary Account holder will be charged for such Subscription pursuant to section 5.1. Please note that TwiceSafe will not notify you of the end of the free trial.
5.3 Subscription Features.
The Service features available to you vary, including but not limited to Service data storage and security features and certifications, depending upon the terms of your particular Subscription. Where you reach the limit of a particular Service feature (for example, data storage) and do not purchase an Add-On to increase such limit you may not be able to use certain Service features until such limit is decreased or an Add-On subscribed to. The Primary Account holder may add or remove Subscription Add-Ons at any time, subject to the cancellation procedure set forth in section 5.6 below. Service features are subject to change at any time, on one or more occasions, at TwiceSafe’s sole discretion without notice and without any compensation or refund to you. Notwithstanding the foregoing, TwiceSafe shall notify you of any change to Subscription Fees and Add-On fees through an email or Service notification, such changes taking effect 30 days from the date of notice. Current Subscription Fees, Add-Ons, features and terms are detailed at www.ForensicNotes.com.
5.4 Backup and Security.
The Service contains data redundancy features intended to ensure data remains accessible during a Subscription. TwiceSafe cannot guarantee that such redundancy features will always function as intended and STRONGLY RECOMMENDS that you download and backup Service data, especially notes taken using the web application. While the Service uses certain security certifications, TwiceSafe shall not be held liable for the failure of any Service security measures, or the compromising of the Service by a third party, without regard to the extent of the damage suffered.
5.5 Technical Support.
TwiceSafe may provide you with the Service technical support on such terms as set forth at www.ForensicNotes.com/account-pricing (“Support”). TwiceSafe shall suspend provision of Support in the case of your non-payment of any outstanding invoice, until remedied.
5.6 Cancellation of Subscription or an Add-On.
The Primary Account holder may cancel a Subscription or an Add-On by notifying TwiceSafe at [email protected] and, if a cancellation request is submitted within thirty (30) days following TwiceSafe’s receipt of payment for the Subscription or Add-On sought cancelled, the Primary Account holder is entitled to a refund for such payment (the “Refund Period”). the Primary Account holder must submit a cancellation request within the thirty (30) day Refund Period in order to be entitled to a refund of any kind. Notwithstanding the foregoing, TwiceSafe, in its sole and absolute discretion, may elect to issue a refund for cancellation taking place following expiration of the Refund Period of such amount as it deems acceptable. You acknowledge and agree that, upon cancellation, your Subscription and Add-Ons will remain active for thirty (30) days following the end of the billing cycle or, if notice of cancellation was submitted during the Refund Period, fourteen (14) days from the date of cancellation. Thereafter, you shall be denied access to any cancelled Add-Ons or, if your Subscription is cancelled, your Subscription entirely and all associated data will be deleted. Notwithstanding the foregoing, encrypted backups of your data may be stored for up to thirty-five (35) days, following deletion of your data, until deleted in accordance with our information deletion cycles. Please contact [email protected] for any questions concerning access to encrypted data backups.
5.7 Suspension and Termination of Subscription.
TwiceSafe may suspend or terminate your Subscription and any Account associated with your Subscription at any time for any reason including, but not limited to, violation of the Terms and Conditions and whether a suspension is lifted is at TwiceSafe’s sole and absolute discretion. Notwithstanding the foregoing, IF YOUR SUBSCRIPTION IS TERMINATED FOR VIOLATION OF THE TERMS AND CONDITIONS, YOU ARE NOT ENTITLED TO A REFUND OF ANY KIND.
6. TERM
The Subscription granted to you in the Terms and Conditions commences on the date you agree to the Terms and Conditions and terminates upon the earliest of:
- TwiceSafe’s termination of the Terms and Conditions and that may occur without notice or reason;
- your failure to pay any amounts due and owed by you to TwiceSafe;
- termination of your Subscription by you or TwiceSafe;
- your termination of the Terms and Conditions and Privacy Policy; or
- your non-compliance with the Terms and Conditions or Code of Conduct (as defined herein).
7. CODE OF CONDUCT
The following Code of Conduct applies to your use of the Service. You agree to not, and not encourage others to, use the Service as follows:
- infringe or violate the right of any third party including but not limited to: (1) contractual rights; (2) copyright, patent, trademark or trade secret rights; (3) privacy rights; (4) publicity rights; or (5) the terms of any confidentiality agreement;
- attempt to gain, or gain, unauthorized access to the Service, including through the use of another user’s Account or through any method not provided by or approved by TwiceSafe;
- use the Service to transmit any data that contains, or redirects to, any malware or other harmful data;
- encumber, sell or license the Service, including a Subscription or Account, in any way;
- copy, damage, decompile, disassemble, impair, modify or reverse engineer the Service or otherwise attempt to derive its source code or meta data files, except as permitted by applicable law; or
- encourage or engage in illegal activities.
8. THIRD PARTY SOFTWARE AND SERVICES
The Service incorporates software and services provided or licensed to TwiceSafe by third parties (“Third Party Technology”). The Terms and Conditions do not grant you any license, right, title or other interest in Third Party Technology. Use of Third Party Technology may require you to enter into agreements between you and a third party. You shall review, and determine whether to agree to, any Third Party Technology agreement. TWICESAFE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY TECHNOLOGY. YOU AGREE THAT TWICESAFE WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY TECHNOLOGY.
9. OWNERSHIP
9.1 TwiceSafe’s Ownership Rights.
TwiceSafe retains all right, title and interest in the Service, including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. TwiceSafe hereby retains all rights not expressly granted in the Terms and Conditions.
9.2 Ownership of User Content.
User content includes any data that you or other users create, enter, submit or transfer using the Service alone or in conjunction with Third Party Technology and including, but not limited to, notes taken, data added to notes and that may include, for example, photographs or videos, data transferred through the Service and analytics information (“User Content”). TWICESAFE SHALL NOT, EXCEPT AS PROVIDED FOR IN THE PRIVACY POLICY, VIEW OR OTHERWISE USE USER CONTENT EXCEPT TO PROVIDE THE SERVICE TO YOU. You hereby grant TwiceSafe a fully-paid, royalty-free, non-exclusive, worldwide license to User Content for the term, except with regard to analytics information, which is licensed perpetually, under all intellectual property or other rights you own or control for the LIMITED PURPOSE OF PROVIDING THE SERVICE TO YOU, such as displaying and transmitting User Content on or through the Service and for such purposes as outlined in the Privacy Policy.
10. DISCLAIMER
THE SERVICE IS PROVIDED “AS IS” AND TWICESAFE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, TWICESAFE MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, TWICESAFE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, IS APPROPRIATE FOR YOUR NEEDS, CREATES DOCUMENTS ADMISSIBLE IN COURTS OF LAW IN YOUR JURISDICTION, THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR THAT THE SERVICE IS NOT SUSCEPTIBLE TO INTRUSION, ATTACK OR COMPUTER MALWARE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TWICESAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION 10 MAY NOT APPLY TO YOU IN ITS ENTIRETY.
THE SERVICE HAS NOT BEEN REVIEWED BY ANY LICENSED ATTORNEY OR BY ANY COURT OF LAW, AND NO JUDGMENTS HAVE BEEN RENDERED, AS TO THE ADMISSIBILITY OF NOTES CREATED USING THE SERVICE. TWICESAFE HEREBY ADVISES THAT YOU OBTAIN INDEPENDENT LEGAL ADVICE FROM A LICENSED ATTORNEY REGARDING SUCH MATTERS AS, BUT NOT LIMITED TO, WHETHER DIGITAL NOTES ARE ADMISSIBLE IN, AND WHETHER THE SERVICE’S TIMESTAMPING FEATURES CREATE A CHAIN OF CUSTODY ACCEPTED BY, COURTS OF LAW IN YOUR JURISDICTION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION, QUALITY AND EFFECTIVENESS OF THE SERVICE.
11. LIMITATION OF LIABILITY, INDEMNITY
YOU AGREE THAT TWICESAFE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR USE OF THE SERVICE OR THIRD PARTY TECHNOLOGY AND INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OF DATA THROUGH SUBSCRIPTION OR ADD-ON CANCELLATION), LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL AND ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF TWICESAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY ALSO APPLIES IF NOTES TAKEN THROUGH THE SERVICE ARE FOUND INADMISSIBLE IN A COURT OF LAW FOR ANY REASON WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TWICESAFE, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE THAT ARISES FROM YOUR USE OF THE SERVICE. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER AND INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY OR INDEMNITY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT TWICESAFE’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE GREATER OF: (1) THE AMOUNT OF SUBSCRIPTION FEES YOU PAID TO TWICESAFE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (2) $100 (CAD).
12. EQUITABLE REMEDIES
You agree that TwiceSafe would be irreparably damaged if the Terms and Conditions are not specifically observed and, therefore, you agree that TwiceSafe shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms and Conditions, in addition to other remedies available to TwiceSafe under applicable law.
13. DISPUTE RESOLUTION
13.1 Process.
If any disagreement or dispute arising out of or relating to the Terms and Conditions or Privacy Policy, or breach thereof, (a “Dispute”) occurs, you and TwiceSafe agree to first attempt to resolve the Dispute informally for a period of 30 days commencing on the date the Dispute is made known to the other party. If the Dispute is not resolved, you and TwiceSafe agree to submit the Dispute to settlement by final and binding arbitration to be conducted in Vancouver, British Columbia, Canada.
13.2 Restrictions.
You and TwiceSafe agree that any informal resolution or arbitration of a Dispute will be limited between TwiceSafe and you individually. To the full extent permitted by applicable law, no arbitration will be joint with any other and you have no right or authority to: (a) arbitrate a Dispute on a class-action basis or to utilize class action procedures; and to (b) raise a Dispute in a representative capacity on behalf of the general public or any other persons.
13.3 Exceptions to Informal Resolution and Arbitration.
You and TwiceSafe agree that the following Disputes are not subject to the above provisions concerning informal Dispute resolution and arbitration: (a) Disputes concerning the enforcement, protection or validity of intellectual property rights belonging to you or TwiceSafe; (b) Disputes concerning allegations of piracy, theft or unauthorized use of the Service (including violation of the Terms and Conditions); and (c) claims for injunctive relief.
14. GENERAL
14.1 Relationship of the Parties.
Nothing in the Terms and Conditions shall be construed to create any partnership, joint venture, employer-employee or agency relationship between you and TwiceSafe.
14.2 Governing law.
The Terms and Conditions are governed by the laws of the province of British Columbia and the laws of Canada applicable therein without reference to principles of conflicts of laws and courts in Vancouver, British Columbia, will have exclusive jurisdiction to hear any proceedings related to the Terms and Conditions and to which the parties irrevocably attorn to the jurisdiction of.
14.3 Severability.
To the extent any section, clause, provision or sentence or part thereof of the Terms and Conditions is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion will be severed and the remainder of the Terms and Conditions given full force and effect.
14.4 No Waiver.
TwiceSafe’s failure to assert or enforce any right contained in the Terms and Conditions does not constitute a waiver of that right.
14.5 Entire Agreement.
The Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided to you. To the extent the Terms and Conditions conflict with the provisions of the Privacy Policy, the conflicting provisions in the Privacy Policy govern.
Last Updated: 2016-03-12 @ 11:03 AM PST
Forensic Electronic Document Management System (FEDMS) – HR Solution
Creating and maintaining the entire host of HR-related documents for all employees can be daunting.
After all, you’ve got to maintain files in a way that is:
- Legally compliant
- Easy to access
- Easy to use
- Maintains confidentiality and security
Complicating matters is the fact that:
- Files may be subject to audit
- Need to be accessed separately from the rest of the employee files
- Usually exists in many places
Considering the above, you can see why it is often a thankless job to keep employee documents maintained in an orderly, legal, and efficient manner.
A lot of organizations today have some combination of paper and electronic records for each employee.
For example, at the time of hiring, there may be the application and I-9 form.
The I-9 form is often filled out on paper, but there may also be electronic records for other pertinent hiring details.
There may be any number of different files maintained by the HR staff. This may include documentation of:
- Disciplinary actions
- Tracking of paid and unpaid leave
- Emergency contacts
- Yearly documents for the government
- etc.
And the employee’s manager will often maintain performance reviews and related documentation separately within their own department.
Why Move from Paper to an Electronic Document Management System?
Keeping Human Resource (HR) documents (and much more) organized and compliant is a big task.
As a result, more organizations are making a push for an all-electronic system, as the benefits can be significant.
Moving away from paper-based employee records has many advantages, including…
Reduce Redundancy & Allow Files to be Accessed Instantly from Remote Locations
With a digitized system, files can be accessed from multiple locations on various devices.
This can streamline access issues and ensure that anyone that should have access to the files will have access. Even if they are on the other side of the country.
Compare this to a physical file cabinet which requires the person with the keys to be physically present at a location to get a file out.
Once they get the physical file out of the locked file cabinet, they may need to scan and email the contents of that file to a remote location.
Although this may not seem like a big task, each request can easily take 15 or more minutes to complete:
- Go to secure file cabinet
- Unlock cabinet
- Search for correct document
- Make sure its the latest version
- Scan the document
- Deal with the typical “paper jam” issues that seem to plague scanners and copiers
- Email the document
- Go back to the secure file cabinet
- Properly place back the document in the correct folder
- And finally write down that you accessed and sent this document off to another person
Electronic Documents Management Systems (EDMS) allow immediate access to files no matter the location of the user or electronic file.
As we’ll see in a moment – there’s no need to sacrifice security for the convenience that a EDMS offers.
#1 Priority – Security
Security of files is critical for many reasons. One such reason is to maintain confidentiality.
Example:
Employers may need to store employee medical information which may be relevant for:
- Health insurance
- Wellness programs
- Leave taken under the Family and Medical Leave Act.
This information should not be distributed to anyone, not even the employee’s manager in most cases.
When there are files that should have limited access, storing them electronically can allow you to have safeguards.
Forensic Audit Logs
These safeguards should result in forensic audit logs which clearly show who had access and when it occurred.
This ensures that the information does not get distributed to anyone who should not have it.
This is a clear benefit over a paper filing system, which could be accessed by anyone who gets into the area where it is stored.
Compliance & Legal Safeguards
Compliance and legal safeguards should be built into the product you’re using.
Compliance concerns can take several forms.
Example:
The organization may need to prove that some forms were created in a timely manner, such as I-9 forms or OSHA accident records. When using an electronic filing system, it’s easy to see the date the item was created and every time it was accessed or modified.
But note that these dates are not foolproof in all systems.
Unless a system is designed to stop and detect attempts to modify data, the validity of your documents can be questioned in legal cases. This could reduce your organization’s credibility if you are unable to prove when a document was created or accessed.
This is possible since it is actually very easy to create or modify electronic documents to show whatever date you want.
But, if you utilize a product like Forensic Notes, you’ll also have the ability to prove that the dates were not altered.
This is a core functionality of Forensic Notes.
This is accomplished through a digital timestamp certificate issued by a third party which can’t be altered.
Being able to prove file creation, access, and modification dates can prove that important files were created in a timely manner and only viewed by authorized employees.
Another legal safeguard relates to keeping files private and confidential as needed.
This is yet another area where an electronic document management system can be beneficial.
You can setup security parameters on specific folders or Forensic Notebooks based on users or groups. This could include passwords or access restrictions.
This means you can keep some parts of an employee file separate from others without having to have two separate physical file cabinets.
Yet another way that a system like Forensic Notes can help with legal compliance is to prove that a document has not been modified after-the-fact.
Example:
If you’re defending a wrongful termination claim, you’ll be able to show that you contemporaneously documented problems as they occurred.
As a result, you’ll be able to:
- Prove that you didn’t simply go back and add documentation after the case was initiated in an attempt to show no wrong-doing
- Show that no files were deleted such as deleting a stellar performance review that contradicts the termination rationale
In court, the credibility of the witness and authenticity of the evidence is key to having evidence admitted and relied upon.
This is only possible if you have a system that ensures that dates cannot be altered or falsified. It is also important to show that documents cannot be deleted without a trace.
These are features of a Forensic Electronic Document Management System (FEDMS). Forensic Notes is the first and only such system.
Why is Forensics Important?
Civil and criminal courts regularly rely on Digital Forensics to determine the guilt or innocence of individuals and organizations.
Printable Employee Documents
Electronic files can always be printed if needed for legal or personnel purposes.
A common fear of transitioning to an all-electronic system for employee files is how to manage situations in which someone needs to review the files but doesn’t have access to the system.
This could be an outside inspector conducting an I-9 audit.
In a case like this, you could either print a physical version of the document and provide to the inspector or an electronic version which can be further safeguarded with the use of passwords.
Save Time During Legal Proceedings
You may be required to provide all information about an employee due to a lawsuit.
In these circumstances, you will likely need to provide all information you have in regards to that employee.
This process is often referred to as Full Disclosure.
Full Disclosure can be a daunting task if you currently using a paper-based system or inefficient electronic system.
Having a FEDMS can save you both time and money.
This is because FEDMS like Forensic Notes can show when, how and by whom a document was created or modified.
This eliminates the need to spend hours and thousands of dollars paying a Digital Forensic Expert to examine the documents to prove their authenticity.
Bear in mind that this is not true of all systems.
A system like Forensic Notes that eliminates the ability to alter time and date stamps or delete information from a file without a trace, means you’ll have documentation that will stand up in legal proceedings.
If you’re defending the organization, you’ll be able to prove:
- No documents were deleted before or during the course of the proceedings
- No documents were created or modified after the fact
- Documents were actually created at the time indicated
You’ll also be able to show that you’ve followed the legal obligation to not destroy any documents after the case was initiated.
Forensics is the key to many civil and criminal cases. Using an FEDMS strengthens your case from the start.
It helps to ensure that your documents will be in a format accepted in the courtroom and able to withstand legal scrutiny.
Re-Organizing & Purge Faster
An electronic document management system (EDMS) allows the greatest flexibility in how you store employee files and documentation.
This results in a customizable and flexible system while keeping security measures in place to ensure confidentiality and privacy.
An electronic system also allows you to purge and move files quickly as required.
Easier & Cheaper Backups
Electronic systems allow backups in case of emergencies or disasters at a much cheaper cost to the organization.
With paper files, an organization typically has one physical copy. In the case of a fire, theft, flood, or other disaster, that one copy could be gone forever.
This risk is easier to mitigate with electronic systems since the entire system can be backed up and replicated in a different region.
This would allow your organization to function as if the natural disaster never occurred in your other office locations.
Forensic Notes is hosted on Microsoft Azure which has the most comprehensive compliance coverage of any cloud provider. All data is geo-replicated in two separate regions of the United States.
To ensure that your data is secure, all data is encrypted both in transit and at rest. Click the following link to view the extreme measures Forensic Notes takes to ensure your data is safe & secure.
Searching & Auditing
An Electronic Document Management System will allow notes and documents to be searched. This saves you a lot of time compared to searching physical paper files.
Save Money on Maintenance
Electronic document management systems cost less to maintain.
While there may be an initial cash outlay to create and set up an online record-keeping system, there are also savings in the form of:
- Less paper
- Less ink
- Less storage space
- Fewer labor costs associated with maintaining the system
With all these benefits, it’s easy to see why most organizations have opted to digitize and streamline their personnel files.
With Forensic Notes, you’ll be able to have all these benefits plus the peace of mind that comes from knowing that you’ll be better protected in legal proceedings.
Always remember that the electronic document management system you put in place is one piece of the bigger picture.
You’ll need to plan for the rest of the implementation and maintenance like you would any other process change.
It starts with ensuring that the organization’s policies and processes will support the system. And that everyone involved has adequate training to make sure the system will be used to its full potential.
A system is only as good as those using it.
If documentation protocols are not followed, an EDMS cannot protect the organization.
But, if proper procedures are followed, you’ll have proof that you’re legally compliant when the time comes.
Are You Ready?
Are you ready to take the next step and move towards a Forensic Electronic Document Management System (FEDMS) like Forensic Notes?
Click here to start your Free 7-Day Trial – No Credit Card or Payment Information Requested
Protect the credibility of your organization with Forensic Notes.
Stuart Rudner
Employment Lawyer & Mediator
Rudner Law
Listed in “Best Lawyers in Canada”
Top Legal Social Media Influencer
Author on Employment Law
Do you have an employee that is causing ongoing frustration due to their workplace behavior and performance?
Do you believe you are justified in firing this employee without providing a severance package, but fear that this will result in a costly lawsuit?
Luckily, Employment Lawyer Stuart Rudner has written the following article for you on Just Cause Termination.
He also discusses severance packages, human rights, workplace harassment and allegations of unpaid overtime.
Read the following informative article to learn exactly what is Just Cause for Termination from a top influential legal expert.
Stuart’s law firm was named as one of the top 3 employment law firms in the country.
Go to Stuart Rudner’s Article below
Just Cause Definition
Employment law: misconduct of an employee, or some other event relevant to the employee, which justifies the immediate termination of the employment contract.
Source: Legal Definition of Just Cause provided by Duhaime’s Law Dictionary
– article by Stuart Rudner –
Stuart Rudner
Employment Lawyer
Lack of Documentation
Those of you who work with Employment Lawyers will have heard this before: the best thing that an employer can do is to “Document, Document, Document!”
Document performance concerns, misconduct, disciplinary actions, requests for accommodation, and anything else that may become contentious.
Otherwise, the lack of documentation will almost inevitably weaken your case if your actions are challenged.
One obvious area where this is relevant is discipline and dismissal.
Discipline & Dismissal
It is a common occurrence for members of my firm to receive a call from a corporate client in which the client expresses their frustration with the ongoing performance or behavioral issues of a particular employee and proclaims that they have had enough and want to dismiss him or her.
They then broach the issue of whether they can do so for cause, at which point we ask them to send us the employee’s file.
In the vast majority of cases, what we receive is a file that does not contain a single negative comment.
It will contain average performance reviews, and no indication of any concern.
As we must then explain to our client, the lack of evidence of any ongoing concerns, and the fact that the employee was apparently never advised of any concerns, or of the consequences of failing to remedy the situation, means that a dismissal for cause is extremely unlikely to withstand scrutiny.
By way of background, in Canada there are two forms of dismissals:
- Termination without Cause
- Termination for Just Cause
Termination without Cause
Generally speaking, employers have the right to terminate an employee’s employment at any time without cause, as long as they provide the employee with reasonable notice of the termination, or reasonable pay in lieu thereof.
Often the biggest legal issue surrounding these dismissals is the adequacy of the notice offered to an employee.
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Employment standards legislation sets out the absolute minimum that can be provided.
If the contract of employment contains a properly drafted termination clause, then that will establish the employer’s obligation, which can be as little as the legislated minimums.
In most cases, there is no such contractual provision, and the employee will be entitled to “reasonable notice”.
Contrary to popular opinion, this is not necessarily one month per year of service.
Our courts have been clear in stating that there are no convenient formulae or calculations, and that every case is to be assessed on its own particular circumstances.
The most common factors are often known as the “Bardal Factors, after the Bardal v. Globe & Mail, decision, which are age, length of service, nature of the dismissed employee’s position, and availability of similar employment.
Of course, this list is not exhaustive, and many other factors (such as inducement), can be considered.
“Reasonable notice” can be extensive. The unwritten rule is that it will not exceed 24 months, though the trend is to see increasing numbers.
In many cases, it will be close to a month per year, but it can be significantly more.
Employer Information
If you’ve been terminated without cause, you may be dealing with a wrongful termination. In this case, you will want to seek an experienced employment lawyer.
When meeting with an employment lawyer, you will want to provide several documents such as:
- Your personnel file
- Company policies
- Pay records
- Physical evidence such as pictures and messages
- Diary or journal entries
- Witness statements and contact info
* Not part of original article by Stuart Rudner
Termination for Just Cause
Termination for just cause, on the other hand, means that an employee is not entitled to any notice or compensation for dismissal whatsoever.
Obviously, the ability to demonstrate just cause can be critical.
Furthermore, if an employer alleges just cause and then loses a wrongful dismissal suit, they will be liable for all pay in lieu of notice, possibly other damages if a court finds that they acted in bad faith, their own legal fees, and a portion of the employee’s.
This can be a massive liability.
Without documentation, dismissal for cause will be extremely difficult to support.
I am the author of You’re Fired! Just Cause for Dismissal in Canada, which discusses the law regarding when individuals can be dismissed for cause.
In the course of writing the book and updating it twice every year, I review all just cause decisions.
Courts are very protective of employees, whether in the context of dismissal, accommodation, or otherwise.
Given the harshness of a for cause dismissal, it is often referred to as “the capital punishment of employment law”.
It is absolutely possible to dismiss an employee for cause, but the threshold is high, and evidence will be crucial.
For that reason, employers need to be sure that they have evidence to support any allegations or defend their conduct.
Otherwise, many courts and arbitrators will “default” in favour of the employee.
Document Employee Interactions & Requests
Human Rights
Another area of employment law where documentation is important is human rights.
We have seen a tremendous growth in the protections afforded by Human Rights legislation and the need for employers to accommodate various employee conditions and obligations, including childcare, disability, and religious observance.
As we always advise clients, you should never dismiss a request for accommodation out of hand.
Rather, all requests should be documented, as should the assessment of the request and the possibility of providing accommodation.
Simply advising that accommodation is “not possible”, without any documentation of a legitimate assessment, will not be enough.
Workplace Harassment & Bullying
In recent years, we have also seen increased emphasis on workplace harassment, and the obligation of employers to address any such misconduct.
Legislation that will soon be in place in Ontario requiring that specific issues be addressed in written policies, including a clear process for investigating allegations of harassment.
It is critical that employers document all such allegations, as well as the steps that are taken to investigate them, the conclusions reached, and the actions taken as a result, including any disciplinary or remedial measures.
Un-Paid Overtime
Our firm has also seen several clients taken to the Ministry of Labour based upon allegations of unpaid overtime.
In some cases, the employee had handwritten notes of hours worked, and the employer had nothing.
Obviously, they were at a tremendous disadvantage.
Conclusion
The bottom line is that whether you need to justify discipline or dismissal, investigate harassment, or respond to allegations of failure to accommodate, documentation is critical.
While you may be able to call a witness, oral evidence is less reliable and less compelling than contemporaneous documentation.
Of course, it is also important to utilize a tamper-proof, secure system.
I have seen individuals allege that disciplinary and other records were fraudulent, or backdated, or otherwise unreliable.
It will be important for any party producing documentary evidence to be able to demonstrate that it is reliable.
We work with both employers and employees.
Many of our clients are based in the United States or Europe, where the employment laws are quite different.
In the course of explaining Canadian Employment Law, we stress the need for documentation, and the value that an employee’s “file” can have when issues arise.
Unfortunately, both sides tend to overlook the fact that the employment relationship is based upon a legal contract, and that while everything might be good in the “honeymoon phase”, disputes can arise and it is very difficult to pursue a claim, or defend against one, without any documentation.
Just Cause Employment Law
Stuart Rudner and his firm, Rudner Law, specialize in Canadian Employment Law.
Stuart has been listed in Best Lawyers in Canada (Employment Law) and named a Top Legal Social Media Influencer (follow him on Twitter @CanadianHRLaw). His firm was named one of the Top 3 Employment Law Firms in the country.
Stuart is the author of a leading text on Summary Dismissal as well as chapters in four other books.
He can be reached at [email protected] or 416.864.8500.
For more information about the firm, see RudnerLaw.ca
Just Cause Termination Letter
A Just Cause Termination letter should be carefully prepared and vetted by legal counsel and Human Resources. It should clearly outline any severance or benefits that will be paid out to the employee being terminated.
Just Cause Termination Examples
Termination for Just Cause may be valid based on the following examples:
- Violate company ethics policy
- Failure to follow company policy
- Neglect of Duty
- Misconduct
- Incompetence
- Breach of contract
- Stealing money or products from the organization
- Lying or deceiving within the organization
- Falsifying records
- Insubordination
- Harassing other employees or customers
- Threatening other employees or customers
- Violence towards other employees or customers
- Being intoxicated on the job
- Being under the influence of drugs on the job
- Criminal conviction
- Viewing inappropriate websites at work, including pornography or illegal material
But is Termination for Cause as straightforward as you would like?
This is likely not the case as the following example of employee theft could result in a wrongful dismissal case against your organization if not handled appropriately or without proper documentation.
Source: BC Employment Standards Branch
As you can see from the above example, the laws in your region may not be clear on when you can fire a employee for cause.
It is highly recommended that you always contact an experienced employment lawyer prior to termination of an employee.
Termination vs Dismissal
Are “Just Cause Dismissal” and “Just Cause Termination” the same thing?
This common question is best answered by first understanding both the definition of Termination and definition of Dismissal.
Termination Definition
1. Last step of employment where a worker is let go.
2. Customer cancellation of remaining work of a contract.
Source: Legal Definition of Termination provided by The Law Dictionary
Dismissal Definition – Dismiss Definition
An employer’s decision to terminate a contract of employment.
Source: Legal Definition of Dismissal provided by Duhaime’s Law Dictionary
The reality is that termination and dismissal are often used interchangeably – but there is one key difference:
Wikipedia states:
Dismissal (referred to informally as firing or sacking) is the termination of employment by an employer against the will of the employee.
Termination could be an action taken by either the employer or employee in ending a contract.
A Quora post provides further information on the difference:
Like a cancer,
he or she insidiously eats away at the fabric of a peaceful workplace and sows poison and discontent among fellow employees, while keeping within the very fringes of company rules and regulations.
Problem employees and why you need to keep records
Problem employees abound in workplaces and neither small companies nor large ones are immune to them. Sometimes, they’re easy to spot – the lazy one who always turns in sub-standard work despite being given all necessary support to help him excel; or that one inconsiderate person who rubs everybody up the wrong way and considers any attempt to correct her as harassment; or the perennial late-comer who seems to think that showing up at work is optional. Other times however, the problem employee is not so easily identified. Like a cancer, he or she insidiously eats away at the fabric of a peaceful workplace and sows poison and discontent among fellow employees, while keeping within the very fringes of company rules and regulations.
Regardless of whether the problems are obvious or not, problem employees do not bode well for a company’s productivity or well-being. They consume a disproportionate amount of HR and management time and attention and since you, the HR manager, are the intermediary between employees and the organization, it falls to you to determine how this important issue ought to be tackled within your organization. As the HR manager, you ought to take precautions to protect your company (and if we’re being honest, your own job too) from the ugly consequences of not having a proper system in place for handling such employees as early as possible.
It is easy to fall into the trap of thinking that termination of employment is the simplest and most obvious route to taking care of a problem employee, but the reality is that it is hardly ever that easy. Problem employees become angry ex-employees. Like a marriage gone sour, angry and disgruntled ex-employees have been known to go out of their way to make the ‘divorce’ as excruciatingly painful for the former employer as possible. Expensive litigation, campaigns to assassinate the character of the company, even leaking confidential company information is not outside the realms of possibility for such people. Even companies as big as Yahoo and Microsoft are not immune. In recent times Yahoo has been forced into litigation after someone it described as a “former rogue employee” leaked confidential company information that formed the backbone of a book the company was very unhappy about. Such conduct, as Yahoo pointed out in its lawsuit not only puts the company at risk, it can “cause unnecessary distraction within [the] workforce” and “undermine the conduct of every other…employee” who honored a promise to safeguard confidential information. Microsoft for its part had its trade secrets leaked by another such ex-employee, who apparently was not happy about a poor performance review he received while employed at the company.
Such cases clearly show that problem employees represent a danger for the company and its workforce. The most important thing any HR manager can do is to anticipate the likelihood of such an occurrence. You should never wait until you have a problem employee before trying to decide the best course of action. In fact it is best to assume that at some point or the other, your company will employ at least one such employee and so you need to be prepared for the day that this delightful personality will walk through your doors and proceed to make your life a misery.
While it may be difficult to find an appropriate way of addressing this issue, at the very least, your company needs to make sure that its expectations are clear through written policies and performance reviews. More importantly however, bear in mind that as with most conflict-related issues in the workplace, the first line of defense is solid documentary evidence to back up the company in the event of any disciplinary hearings, adjudication or litigation that may arise.
Below we’ll talk more about the unique advantage that Forensic Notes offers to HR managers in addressing the issue of problem employees, but first it is important to understand how to address the issue of problem employees, including the benefits of keeping proper records and the potential consequences of not doing so.
I have a problem employee. What should I do?
We live in a highly litigious society and employee lawsuits are some of the most frequently filed. In 2014 alone, 88,778 cases were brought before the Equal Employment Opportunity Commission, (EEOC) the agency that enforces employment laws in the United States. Managing problem employees in the face of our increasingly litigious society is one of human resources’ most serious challenges. Although it is tempting to ignore the problem due to fear of litigation, the best approach is to tackle the issue of problem employees head on. Below is a suggestion of what to do when faced with the problem of a difficult employee:
- Collect as much information about the problem from as many sources as possible. This will help you convince both yourself and the employee in question that the problem exists – and that the behavior must change.
- Have a meeting with the employee to discuss the issue without making a big scene. Be honest, and upfront, and discuss what you are seeing and how important it is to have the whole department working in “harmony”. Focus on the problem, not the person.
- Set up a three-step disciplinary process that includes formal notices such as: verbal warning, first report in writing, and second/final report in writing.
From the outset, the goal should be to reach a mutually acceptable solution that resolves the difficult employee’s inappropriate behavior, but sometimes this is just not possible if the employee is unwilling to change. You may then find yourself with no other option but to terminate in order to protect your company and other employees. In that case, begin termination procedures in accordance with your company’s policies. Bear in mind though that firing the employee does not necessarily mean the problem is solved. In fact, there are well-documented instances where employees who are fired resorted to extreme action. One of the most notorious examples is that of self-described “powder keg” employee Vester Lee Flanagan, the onetime TV reporter who killed two former co-workers on live television. While it’s true that not every disgruntled employee will resort to such extreme action, it is also true that retaliation claims by former employees are not uncommon, so it is important that your company is proactive to protect itself against retaliation claims or other legal actions.
- Keep a record of everything that transpires and store this securely.This is absolutely the most essential step you can take to protect your company in the likely event that litigation arises, and should be an integral part of each of the four preceding steps. All information about and arising from the meetings and discussions should be recorded and this documentation should be stored safely in a manner that will protect its integrity and ensure its authenticity cannot be challenged. To be on the safe side, employment law practitioners recommend keeping records for at least five to seven years after an employee has left the firm.
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How does good record keeping protect me and my company?
Record keeping is already mandatory for HR managers because of numerous various laws, which require employers to create and retain various employment records, so your company likely keeps detailed information about employees in personnel files. However, it is important to bear in mind that the kind of information that is required to be kept in relation to problem employees and how such information needs to be kept is quite different from the usual general record-keeping. For one, it is entirely possible that some details may be of an intimate or personal nature and may involve a third party whose anonymity needs to be protected. Or it may include some sensitive business information. These various kinds of sensitive data make it imperative that your company have a state-of-the-art information security system, preferably one kept outside the physical premises of the company such as that which Forensic Notes provides. Also, as problem employees are more likely to institute legal proceedings or initiate complaints to adjudicatory bodies, or even expose your company to some form of liability, keeping the right kind of record is a strategic and prudent approach to managing these employees and protecting the interests of your company.
The right kind of record keeping protects you in the following ways:
Legally speaking, an employee who engages in reckless behavior, such as reckless driving or use of drugs or drinking on the job, can leave the employer liable for the actions within the “course and scope of employment.”
In such a case, the appropriate action to take when you learn of such behavior is to investigate the situation, impose discipline and keep a record of the issue and all actions taken by the company. In addition to other benefits, this will show that your company was not complicit in the employee’s actions. And consider the possibility that an employee who has no problem disregarding company rules and regulations will likely not have any problems being dishonest. In the event that adjudication is required, what is preventing him or her from lying and fabricating evidence? In the end, it’s your word against theirs. Considering the fact that in any employer vs. employee case, the company already has the distinct disadvantage of being perceived as the “big guy” trying to take advantage of the “little guy”, you need to have compelling evidence that establishes facts rather than hearsay or word of mouth testimony. Such evidence needs to be in a form that details every step taken by your company to address the problem, at the time they were taken. This will include every effort made by the company to assist the employee, his or her response to such efforts, observations made about any changes in behavior either by you or by other employees.
Obviously, all of this information amounts to a copious quantity of notes and materials, and ensuring their timeliness can be a burden, especially when you’re recording and storing everything manually. This is one of the distinct advantages that Forensic Notes offers. With the ability to make contemporaneous notes of everything, be it emails, memos, voicemails, SMS messages – or whatever it may be, Forensic Notes offers you the ability to create a detailed and accurate timeline of events in relation to this problem employee. Not only that, it also gives you the peace of mind of knowing that all your record keeping is not in vain – your records cannot be tossed out in court because they’re unverifiable or are subject to claims of being tampered with, which is a major disadvantage when documents are stored traditionally either in physical files or simply as electronic documents on your company server.
What kind of records should you keep and how does Forensic Notes help you do that?
It is best to keep all records of the behavior that is considered problematic including the date, time and reason given for each incident and who was involved. In addition, keep records of:
- Every complaint that you get about the employee
- All physical or electronic interaction with the employee.
- Details of discussion with the employee, including what was discussed, when and any witnesses.
- All performance issues related to the employee.
Why is Forensic Notes the best way to record information related to problem employees?
In today’s business world, it is not enough to keep only basic personnel records. A company needs to anticipate that a problem employee issue will arise, and prior to any lawsuit, take and keep detailed notes that will provide best evidence in a court of law. The accuracy of your documentation can mean the difference between a long, tiresome litigation and a clean break from a problem employee.