P was terminated from her job and filed this action alleging that she was wrongfully terminated on the basis of her gender in violation of public policy. P claims intentional infliction of emotional distress and to recover lost wages and benefits, compensatory, and punitive damages. P owned a home computer from December 1995 until August of 2004, on which she conducted her entire on-line job search after leaving D. D also used this computer to send and receive emails regarding her termination from D and her claims of gender discrimination. P discarded this computer because it “crashed” and her brother, who “dabbles” with computers, was unable to get the hard drive to work. P never took the computer to any type of computer professional to determine if it could be repaired. It was discarded one year after she had retained counsel regarding her prospective claims and after she filed her charge of discrimination with the EEOC. The only documented evidence of P's post-termination job search is the work search records she submitted to the North Carolina Employment Security Commission. D alleges spoliation of electronic evidence.

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