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Ask wallstreetfighter Your Own Question
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am in Arizona and I freely admit I was stupid....I took a

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I am in Arizona and I freely admit I was stupid....I took a hard drive into work and copied a bunch of my companies info on to it. When I came back from lunch they had found out and fired me...but they kept my hard drive which has a bunch of personal info on it. Can I legally get it back.

wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : This is an unfortunate situation,
wallstreetfighter : if the hard drive was from a company computer it is the property of the employer,
wallstreetfighter : if you placed personal information or software on the company hard drive, that would be company property as well, however, you should request in writing for the data on the hard drive, and claim it is personal information, and that you will consider a lawsuit for the information stored,
Customer: No the hard drive was mine
wallstreetfighter : If the hard drive was yours, they have no legal right to keep it or take any information from it, and you can sue them for it.
Customer: I called the police and they said that technically it could be considered theft and i could have a policeman go with me to retrieve but I dont know if i should go that route?
Customer: Even if i put company info on it?
wallstreetfighter : That would be extreme, I would send a letter threatening legal action, if they do not give the hard drive back,
wallstreetfighter : and if they refuse, you can sue them for monetary damages and contact the police.
Customer: I was thinking about emailing the human resources person and saying i talked with a lawyer and the police and they both said it had to be returned...since I had not left the building with their info they dont have any cause ffor action against me do they?
wallstreetfighter : you can do that,
wallstreetfighter : in terms of a cause of action against you, they may have taken it to see if you took any company information or trade secrets,
wallstreetfighter : if they find you took company software or intellectual property, they can sue you or file a theft complaint as well.
Customer: Even if it had not left the building?
wallstreetfighter : If you copied company information without permission it could be an issue,
wallstreetfighter : or you can advise them to erase any company property, and return the hard drive back
Customer: Hmmm...what if I told them to reformat it and then return it...i just want to make sure they dont have my personal info
wallstreetfighter : that is fine
Customer: K...i think i will do that and see what they say
wallstreetfighter : Either way, they have to return your property,
wallstreetfighter : and you should mention that in your letter.
Customer: K...thank you for your advice
wallstreetfighter : Also, under AZ law, if an employee is terminated by the employer, the employee must be paid within three working days or by the last day of the next pay period, depending upon which date occurs first.
wallstreetfighter : If they fail to do this, you can file an official state wage complaint.
wallstreetfighter : If you have any further questions please do not hesitate to ask.
wallstreetfighter : Typically with the last paycheck, the employer would provide the property as well,
wallstreetfighter : If you have any further questions please do not hesitate to ask.
wallstreetfighter : If satisfied please provide us with positive feedback so we can receive credit. Thank you
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