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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111657
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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An IT company who was working with the office I use to work

Customer Question

Hi an IT company who was working with the office I use to work with backed-up my personal computer in to their server
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I was using my personal computer for the company I was working for, when they set up a server, they also set up a back-up program. However, instead of backing up just the server, they backed up entire computer... New York
JA: Has anything been filed or reported?
Customer: No I just found out that they were still backing my computer up even a month after I left the company company was aware that I was using a personal computer, it is a small company and they didn't want to buy me a new computer when I started as a full time so I offered to brought mine to the office
JA: Anything else you want the lawyer to know before I connect you?
Customer: I mentioned couple of times both verbally and in writing that it was my personal computer and I don't want it to be reach remotely in any way I guess that is it Thanks .
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
I think I would also love to add that when I emailed them after I found out about the situation and ask them to delete all the data has been store from my computer, they dismissed me, and didn't give me a proper answer. Thanks
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally if an employee uses their computer at work and or connects to the employer's server the employer is allowed to access and look at anything on that personal computer that is on the employer's server or connected to the employer's server. However, when it comes to keeping stored back ups of the employee's personal computer and personal files, this would be an invasion of privacy and if the employer does not immediately erase those files, you would be able to sue them for damages for not doing so.

In addition to the above, you need to get your computer to a local computer expert to remove whatever software they may have installed that allowed them access to your computer.


That is your recourse based on what you stated.


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