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Appeals court hears dueling views on Slack spoliation and causation in DeBono v. Wayfair
Summary
In DeBono v. Wayfair, plaintiff argued missing Slack messages and other destroyed material create an adverse-inference showing of retaliation that should preclude summary judgment; Wayfair counters that pre-complaint performance issues and remedial steps taken mean spoliation cannot, on its own, prove causation. The court left fact questions for later resolution.
Rob Mantel, representing Richard DeBono, told the panel that Wayfair ceased meaningful coaching and solicited negative feedback after DeBono complained about age discrimination and caregiver accommodations. Mantel said Wayfair failed to preserve Slack messages and other records after a June 5 demand to “save your Slack messages,” creating an adverse inference the jury should be permitted to draw: “If we can get an adverse inference…
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