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This strikes me as a federal employment law question with possible Constitutional overtones. The former employee in question is not covered by a Collective Bargaining Agreement and is looking for feedback on how to characterize the issue(s).
Apparently use of the office's computers in preceded by a notice that the user has no reasonable expectation of privacy. But the employee isn't saying his former employer can't review the files just wants them back. Apparently 6 months have passed with no end in sight.
Part of the basis for possibly challenging this is that it isn't a routine practice of the office, there don't appear to be any regs covering such a search, and is therefore perceived as discriminatory - age, veteran status, whatever.
So other than the possible Constitutional Law issues, what others possible causes of action does this raise in your mind.
Is that what you're looking for?
Some files on the former employee's private LAN drive under a folder heading marked "Private," and the rest on CD/DVDs on a book case in the office. The latter are back up CDs of home files clearly marked as non-work related material.
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Okay, I understand as far as the files on the LAN go, but I don't think he's so worried about privacy, just return of the files after they've been verified as non-work related.
Back up files from his home kept at work as off site back up and clearly labeled as such, wasn't addressed. The rule you spelled out would apply to those too if they were ever on pc, but weren't.
Big help though, thanks. I'll wait a little to give you a chance to address these comments then wrap it up. Appreciate you help.
Got it. There apparently is policy that let's employees use the system for personal purposes, within reason. Never seen it so don't know if it addresses this issue, but will see if he can get it for me.
Backup DVDs still unanswered, but the most important ones to him are on the LAN anyway.
Let's call it quits. Thanks for your thoughts.
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