My former employer is threatening to sue me.?
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My former employer is threatening to sue me.?
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I took a position with a non competitor of my former employer. Before I left, I made a list of people I wanted to stay in touch and recorded their email and phone #'s and nothing else. Much of this information can be found on websites and yellow pages. Now my former employer is saying that since I sent that email to myself with the 10 or so name and sent my former manager an email address of someone he wanted to stay in touch with that I stole the information and they are going to sue. I really don't think it would make sense for them to sue but they may try and withhold compensation I am due (commissions for example). What should I do?
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michr
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in the US regardless of what the employer may claim, or if they do try to sue you, wages can not be withheld (including earned commissions). if you are not paid all your due compensation as prescribed by your states pay-day laws immediately contact the department of labor and file a wage claim/complaint. |
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waterman
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Providing all, and I stress ALL the information you acquired is already in the "Public Domain" then you are OK. However, should any part of that information be taken directly from the companies own contact list compiled by and for the company for its own use you are at fault even if you helped compile the list.
I advise you return this info with a letter of apology and stating that you will not use THIS LIST for your own benefit now and in the future.
However, before you do this cross reference this list with Yellow pages or similar. Compile a new list with a Reference comment stating where you acquired the info. In this way you will be able to show ,at a later date if required, a complete and independent source of information. |
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Jeremy W
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Talk to a lawyer. It's worth making absolutely sure that you act in your own best interest. |
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leysarob
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They are simply talking tough. Don't worry. |
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jobbend
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Anyone can sue anybody for anything. Did you violate a company policy by using equipment for personal use, probably. Did you transmit confidential data? Not if it is readily available in the public domain.
Return the e-mail and let them know you destroyed any copies you had. Go to the public domain and find the information you seek and document where it came from.
If they are withholding earned wages of any kind, you need to seek out an attorney and/or the government agency that oversees employment law in your state/province/country who can protect your rights. |
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FRANK
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I think you are in violation if you took information from company data, even if the Information can be found in the phone book. The company HR records are not for personal use, or for use by non-employees. Since you would be using both for personal use, and as a non-employee, it appears you are in violation
I have served as Recorder of Deeds. We (the elected officials) had a law firm brief public officials on labor regs. It was a seminar that lasted a few hours. That is my basis for saying that I think your act is a violation. Since you used company email to send the information, they have the "smoking gun." |
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redvelvetflames4ever
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As one poster wrote your former employer CANNOT withhold any wages due to you. You can file a complaint with your states Department of Labor 1-866-4-WAGES. Secondly, a non compete agreement has nothing to do with what you sent to yourself. A non compete is you cannot work within at minimum 75 miles for the same type of organization. At most they may be able to pursue a violation of privacy, but the employees would also have to be a part of that action. There would be a legal problem if the information included say there home address and more importantly there social security numbers. Lastly, I am going to assume you did this while you were still employed and they are bringing this up now? Do they have such a policy in place that you are not allowed to obtain this information to stay in touch with former co-workers? Any policy in place that you cannot disclose this information to a former employee? I find it highly unlikely since they obviously do not know what the heck is a non-compete agreement. Can they spell harassment? If they attempt to hold your wages immediately contact the department of labor at the above noted number. If this harassment continues I would immediately seek an employment lawyer to file formal action against them on the above noted grounds. |
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Smiz
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watch him waste time and money on a lawyer and take it to court and the judge laugh it away. |
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Jane
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They are being stupid, that is not any information which is company confidential or harmful. Tell them to sue away! |
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pleasant
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Beat him to the punch and sue him first |
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SUsan
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Can former employer sue if I say negative things that went on in the company when I was employed there? Everything was truthful. |
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