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  1. #11
    Join Date
    Nov 2013
    Posts
    6,699

    Default Re: Sued by Ex-Employer

    First, there are no search warrants issued in a civil case. So don't worry about that.

    The issue here is what the documents were that you downloaded and what the nature of the business your former employer was in and what your now employer is in. If you were someone that designed something for your former employer such as software or machinery and you downloaded design documents, that could be a problem. But if you were involved in design, then you most likely already had unfettered access to those documents on your company's network and on your laptop. That information would be considered proprietary and belonging to the former employer. But if these documents did not have to do with proprietary property, then I can't see how the former employer would care about the download.

    What were the document that they claim you downloaded? And did you share them with any prospective employers?

    From some quick searches on the internet, it appears that the proprietary information and inventions agreement act is nothing more than a non-compete agreement. Did you sign such an agreement?

  2. #12
    Join Date
    Oct 2014
    Posts
    7,706

    Default Re: Sued by Ex-Employer

    Quote Quoting budwad
    View Post
    First, there are no search warrants issued in a civil case. So don't worry about that.
    While I agree that the classic search warrant which authorizes a police search for evidence only applies in a criminal case, one can obtain an order in a civil case authorizing seizure of assets for various purposes, including for evidence in that civil case. While I think it rather unlikely to happen in this sort of situation, I wouldn't rule it out completely. The employer would need to first sue the OP, and so far I'm not seeing anything suggesting the employer has any reason to think it would have a valid claim to pursue.

  3. #13
    Join Date
    Feb 2020
    Posts
    11

    Default Re: Sued by Ex-Employer

    Folks - at the end of the letter, I see this
    "CompanyName requires a signed declaration from you acknowledging any misappropriation and describing what, if anything, you have done with this material"

    Does it sound like an email to them will suffice or do you think they require a general affadavit? Again, I was initially just planning to email them this - "I have no data and hence cannot share or misappropriate it. All the data was deleted and the laptop was sent back to the company"

  4. #14
    Join Date
    Oct 2014
    Posts
    7,706

    Default Re: Sued by Ex-Employer

    Quote Quoting dohat
    View Post
    Folks - at the end of the letter, I see this
    "CompanyName requires a signed declaration from you acknowledging any misappropriation and describing what, if anything, you have done with this material"

    Does it sound like an email to them will suffice or do you think they require a general affadavit? Again, I was initially just planning to email them this - "I have no data and hence cannot share or misappropriate it. All the data was deleted and the laptop was sent back to the company"
    I'd start with the e-mail. If they want that in some particular form, like an affidavit, they'll reply back and tell you what they want.

  5. #15
    Join Date
    Oct 2016
    Posts
    3,667

    Default Re: Sued by Ex-Employer

    I'd also suggest you get your story straight before you email them or have any contact with them because you have slightly different stories here and in you post of another forum.

  6. #16
    Join Date
    Jul 2018
    Posts
    2,054

    Default Re: Sued by Ex-Employer

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