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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100383
Experience:  Lawyer
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An employee resigned after a solid 5 years with our company, to get a handle on their file

Customer Question

An employee resigned after a solid 5 years with our company, to get a handle on their files they were allowed to stay that day to give senior management time to debrief their files and found they had erased documents from the system prior to resignation and was terminated on the spot.
Harassing and threateneing emails are now being sent to me(owner) stating that if they do not receive 2 weeks termination pay they will make our company and I hurt for not paying when there was just cause to accept the resignation and terminate.
This individual is now threatening my family as well by text. The police were advised today as well as our lawyer. Their recommendation was not to give in and pay nay funds as it will not stop there.
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
WE also became aware and was confirmed in writing this employee had hacked company email addresses and was downloading and printing confidential emails
Expert:  Debra replied 2 years ago.
Are you asking about whether you should pay them?
Customer: replied 2 years ago.
We have taken the position after speaking to Ministry of LAbor not to pay, based on damages done to our computers.
What really is troubling is the fact that this person got into my personal email account and took copies of confidential and financial information on the company and has been harassing and threatening myself and other coworkers since they left.
They are going to a competitor, which they did not admit to when asked and this information could cause great damage.
It is information they have illegally obtained.
What options do you recommend using, as they have refused to return the stolen information.
Customer: replied 2 years ago.
An email back is ok
Expert:  Debra replied 2 years ago.
I suggest you retain a lawyer and have that lawyer send s letter threatening a lawsuit where you will seek an order for the return of the documents and for damages.
Customer: replied 2 years ago.
That has been done and nothing has happened.
As he is at a competitor, can anything else be done in your opinion as he seems unresponsive and has illegally obtained this information. Is this grounds for a criminal charge.
Expert:  Debra replied 2 years ago.
The police will say this is a civil matter. If a demand letter has not worked then your next step would be to sue.
Customer: replied 2 years ago.
Totally understand, but in the interim there are no legal means to block them from using the information they have obtained illegally? Example, unlawfully entering a persons confidential email and copying information.
Expert:  Debra replied 2 years ago.
You can seek an injunction from the court where the court will order that they cannot use the information and you can actually do this on an emergency basis, so long as you obtain a lawyer who is experienced in obtaining injunctions.

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