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Question
For two months, I have been working for a small publishing business, editing a regional monthly magazine that has no competitors on the market. It does have a history of very high turnover. In the past year, at least 20 people in editorial have left and, at most, the business employs no more than six at a time. After a few weeks of work, I started backing up copies of emails I received from my employer in order to keep a private record of our communications. When I arrived this morning my employer said that I was not only fired but that in creating copies of these emails and sending them to a private email account - my own - I had violated federal law and he will prosecute me if I have any contact with his associates or employees again. Does he have a case?
Submitted: 218 days and 19 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Kansas City, Missouri
Already Tried:
About two weeks ago, I consulted an attorney briefly to find out if any sort of protections exist for employees in a hostile environment. The editorial environment had not been good before I arrived - as the turnover shows - and didn't show signs of improvement. My employer was prone to intermittent rages, followed by disappearances, then more rages. When I accepted the position, I was aware the publication had problems -- copy errors were abundant, graphics were a mess and I was told it had been behind schedule for two months. The employer blamed the previous editor for this. After I started, I learned from other sources that the magazine had been three weeks behind schedule for about a year. What's more deadlines, when they occurred, were arbitrary and impossible and a variety of industry standards - like copy-editing, fact-checking - were either ignored or explicitly discouraged. After I had been there two weeks, when I started hearing my employer cite my own work as the reason behind the magazine's tardiness, sloppiness and even its 'management' troubles. This left me confused and a scared for my professional reputation. I hadn't expected to fix all the problems within two weeks - and did not - but I hadn't expected to become a scapegoat for troubles that had been endemic before I arrived. Thus, I wanted to keep a record of our communications, and started sending myself copies the emails he had sent to me and I to him. He said that it amounted to stealing proprietary information. As far as I know, there was nothing in the emails that one couldn't easily find in a google search (like contact info), or by looking at the magazine itself. It doesn't do investigative reporting ... In other words, I can't imagine what I might have sent to myself that would have monetary or competitive value. Plus, they were things that were addressed to me, which I had read ... Still, I don't know the laws.
Accepted Answer
Hello XXXXXXXXXXXXXXXX and welcome to JustAnswer.
The short answer to your concerns is that no, you did not violate any federal law by forwarding to yourself emails that you had already received and read.
Furthermore, there is no way this person can "prosecute" you (or, more accurately, to try to have you prosecuted, since he has no legal means of prosecuting you himself -- only the legally designated prosecuting offices can do that, either the district attorney or the US attorney, as the case may be).
I wouldn't be too concerned about the possible legal ramifications of your situation, though this person sounds unstable enough that he might sue you, in which case you will have to retain counsel to defend against his lawsuit. Practically speaking, however, it seems to me that you ought to be looking for another job ... quickly.
Thanks for asking your question here on JustAnswer and good luck with this ugly situation. if you have any other questions, please let me know.
Expert:
RunTam38 CA lawyer
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99.4 %
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Answered:
4/17/2009
Attorney
California lawyer 33 years, including criminal & business law, PI and general litigation.
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