Ask an UK Law Question, Get an Answer ASAP!
Hello Ben, I have a contract that was not signed by me. In the contract it has a intellectual property clause.
All of the information I had was on the USB key which was then given back to the employer, apart from my emails as I did not know how to back this up and I presumed all of the emails would of been saved on the server. When I handed the USB key back to my employer, I received an email the following day stating all of the information wasn't there, however it was as the latest work was given to my colleague.
all of the information I had was put onto the USB key. I have been as helpful as I can by returning the USB key as soon as possible, answering emails straight away etc.
If the company had a back up device I would of saved everything onto there.
I get the impression they think I have done it on purpose as I handed my notice in before putting all the data back onto the laptop.
there is customer contact information, customer research etc.
copies of orders from last year
yes, I am on gardening leave until 8th August
In a email from my employer they stated that 'destruction of valuable commercial company information very seriously' the only reason why I restore my laptop was due to the fact it was not working. I did save everything onto a USB key which they now have. I get the impression they are trying to state that I deleted information on purpose before handing in my notice but if that was the case why would I give the USB key
I got asked the following questions
1. From where did you copy the information on the storage device?2. Why do you still have confidential Carlton information on another device in your possession to enable you to copy it onto the storage device, many days after returning the 'wiped' computer?3. What actions did you take to ensure that the information that was being wiped when resetting the computer was backed up?4. Did you save a copy of the outlook data file in respect of all your old emails before resetting the computer?4. Why did you summarily wipe the computer of all old information just before handing it in upon resignation?5. Why did you not speak to someone before resetting the computer back to factory settings, as you clearly knew this would destroy historic data?6. Where is the backup disc that you indicated was in the office?
I have stated that I had to use my personal usb key to back up the data as there was no back up device in the office. All of the information on the USB key was what I had on my laptop. I had to transfer all of the data from my personal USB onto a blank USB key so they could keep the information and the backup disc should be in the office as I do not have this. The reason why I didn't speak to someone is there is no IT department and I didn't think it would be a problem restoring the laptop
Also, I was under the impression all the old emails would of been backed up on the server so it would be easily retrieved
There was no IT department and nothing was stated in my contract to state what I could or couldn't do
apart from emails and some minor information nothing major was lost
it all depends if they can retrieve the emails back, I was under the impression it was saved on a server but if it wasn't could they claim for this?
quotes had been sent out to customers would this change anything?
the majority of information on my laptop, apart from emails ,other people had access to. brochures, price list etc.
what would disciplinary action incur?
could this been done if I am on gardening leave, I have already handed my notice in? and if I received a dismissal could they refuse to pay me?
would this be classed as gross misconduct even though I gave them the information back?
and if they have gave me gardening leave - i am serving my notice at home can they still dismissed me
would restoring my laptop back to the factory settings and giving them the data at a later date would this be classed as gross misconduct
OK, thank you for the information
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).