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  1. #71

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    FYI, my divorce lawyers came up with a good approach that should address both sides of the concerns brought up here so now I'm just acting a devil's advocate for this current debate since I'm responsible for starting it.

    Quote Quoting PayrolGuy
    View Post
    b.Alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer system or computer network, or denies, disrupts or impairs computer services, including access to any part of the Internet, that are available to any other user of the computer services;

    I've been trying to analyze this specific clause for a while now. I agree with PayrolGuy that "denies" is a pretty critical key word. It's the end of the sentence that actually ends up needing some more breakdown for me. For the sake of argument, if it was my personal workstation, then by definition, it is NOT "available to any other user" and therefore this clause may not apply in that situation.

    However, then to what time length does "available" extend to? If someone is eventually hired to take my place and is supposed to use my former workstation, then that computer then becomes "available" to that user, but certainly no longer to me. Can the law still apply that far down the road? We have to consider what's reasonable expectations for normal employer/employee separation of work relations.

    Also, it is an awkward wording since I read it as they meant actively causing new problems as per their specific example of "access to the Internet" which would mean like I somehow after getting fired figured out how to remotely shut off her internet.

    Anyway, like I said, this issue has now been handled in a wholly different way so this above is no longer a real-life situation, but it would still be nice to come to a consensus for future reference.

    FYI, it also occurs to me just now that I definitely set up her workstation to access mine when I first set everything up so she DEFINITELY has the password saved on her own computer... LOL...

  2. #72
    Join Date
    Nov 2013
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting AsAmDivorce20
    View Post
    . I agree with PayrolGuy that "denies" is a pretty critical key word. It's the end of the sentence that actually ends up needing some more breakdown for me. For the sake of argument, if it was my personal workstation, then by definition, it is NOT "available to any other user" and therefore this clause may not apply in that situation.
    That subsection definitely does not apply. In using the word denies the statute is referring to denial of service attack on a network or a website.

    A Denial-of-Service (DoS) attack is an attack meant to shut down a machine or network, making it inaccessible to its intended users. DoS attacks accomplish this by flooding the target with traffic, or sending it information that triggers a crash. In both instances, the DoS attack deprives legitimate users (i.e. employees, members, or account holders) of the service or resource they expected.
    https://www.paloaltonetworks.com/cyb...ice-attack-dos

    You can read NJ case law if you want to understand what 2C:20-25 (b) refers to.

  3. #73

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    So this didn't end. I responded if she asks me respectfully as a personal favor, I promise I will help her out for the sake of the kids. She couldn't do it. She threatened me again with the lawsuit.

    FYI, she's not asking for just a single password. She is claiming I'm legally obligated to cooperate with my exit transition by returning to the office under her supervision to walk her through everything I've been working on at the time she fired me, reset all the passwords, any other manual labor she wants me to do, and to do all this without pay because I'm already fired. I have never heard of a fired employee being legally obligated to smooth out any "exit transition" not of his/her own choosing.

    I'm considering offering her consultant technical services, albeit at a pretty high hourly rate, to counter any further accusations of petty retaliation. I think that's pretty commonplace in business, right?

  4. #74
    Join Date
    Oct 2006
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    16,474

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting AsAmDivorce20
    View Post
    So this didn't end. I responded if she asks me respectfully as a personal favor, I promise I will help her out for the sake of the kids. She couldn't do it. She threatened me again with the lawsuit.
    In my opinion, that was incredibly tacky on your part.

    FYI, she's not asking for just a single password. She is claiming I'm legally obligated to cooperate with my exit transition by returning to the office under her supervision to walk her through everything I've been working on at the time she fired me, reset all the passwords, any other manual labor she wants me to do, and to do all this without pay because I'm already fired. I have never heard of a fired employee being legally obligated to smooth out any "exit transition" not of his/her own choosing.
    This is not reasonable on her part if you were just an employee that she fired. However, once again we are back to the situation that the business is a marital asset, which you should be expecting to be bought out of, and if you don't assist with preserving the asset, you are just cutting off your nose to spite your face.

    I'm considering offering her consultant technical services, albeit at a pretty high hourly rate, to counter any further accusations of petty retaliation. I think that's pretty commonplace in business, right?
    Again, you are trying to be treated as nothing but a former employee, when legally you should want to be treated as a co-owner because of the divorce. I think that you are being extremely foolish to do anything other than making sure that the business thrives.

  5. #75
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    Nov 2013
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting llworking
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    Again, you are trying to be treated as nothing but a former employee, when legally you should want to be treated as a co-owner because of the divorce. I think that you are being extremely foolish to do anything other than making sure that the business thrives.
    OP is not a co-owner according to TM's post #19. However it is a marital asset and I don't see withholding a workstation password would damage the company. There are many remedies available to the business to reset the password.

  6. #76
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    Oct 2006
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
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    OP is not a co-owner according to TM's post #19. However it is a marital asset and I don't see withholding a workstation password would damage the company. There are many remedies available to the business to reset the password.
    Then you didn't read his last post. More is needed than just the password. Bud, I really think that you are being irresponsible on this thread. He has an asset of the marriage to preserve and you are encouraging him to risk tanking it out of hurt pride and ego.

  7. #77
    Join Date
    Nov 2013
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Well you are entitled to your opinion. A terminated employee without a contract that says otherwise doesn't have to do squat to help the employer. I serious doubt that this business would be significantly impacted without OP's help. His work station whas mainly a backup. His wife is not computer literate. That doesn't make OP responsible to educate her. She could hire an IT professional and have it all fixed in a day.

  8. #78

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    I am certain she's pushing this issue in order to intentionally drive down the asset value because even if she has no case, it costs the business money to pursue this. Win or lose the case, she ends up costing me money out one end or the other. And even when I do give in to this bullying, she will nonetheless find some other ways to further artificially drive down the value as she has already done at divorce mediation negotiations and most recent settlement proposal.

    After some analysis of her requests and remembering what I did there, I realize nothing she needs from me from my former employment legitimately affects her ability to work or succeed in the business, especially during this pandemic period of lower patient volume. All digital files are duplicated elsewhere where she definitely does have access so there's no urgency nor hindering of ability to do business. Additionally, most of these duplicated digital files are scans of physical paper files, which of course are all also available at the office already. And then, how does it hurt the business finances if I held on to my copied set of keys until the divorce was settled? This is just a power play and there is no legitimate threat of business loss from my termination other than my participation and manpower of which she unilaterally terminated.

    Therefore, any possible loss to the asset value comes from her pursuing this frivolous matter so basically I'm being forcibly coerced into giving in to threats and harassment and agreeing to indentured servitude due to the marital portion of this issue and that feels really criminal.

  9. #79
    Join Date
    Oct 2016
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    4,301

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    You do realize that she needs the password to change the password and these are HIPAA protected files that are not so protected at the moment.

  10. #80

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting PayrolGuy
    View Post
    You do realize that she needs the password to change the password and these are HIPAA protected files that are not so protected at the moment.
    As to HIPAA, I see your point, but I think I am also still bound by HIPAA even post-termination? If so, then there is no risk factor here as I would still be held responsible. If not and only the company could be liable, then yeah it's fair to need to plug up that potential leak.

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