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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116713
Experience:  20+ Years of Employment Law Experience
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I was involuntarily terminated from my employer on 2/11/2015.

Customer Question

I was involuntarily terminated from my employer on 2/11/2015. I signed a severance agreement and received several weeks of severance pay in return. I was a Talent Acquisition Manager and, at the time of my termination, I had administrative access to several HR systems. One of these HRIS (ADP) continues to send me notifications every time a new hire is processed, an employee's personal information is changed, or an employee makes a change to their (or their dependent's) insurance coverages. These emails are coming to my personal email address.
Within days of my termination, I notified the Payroll Administrator that I was receiving these inappropriate emails at my personal email address. The emails continued, so I notified the HR Manager and finally the HR Director. The last notice I sent to them was 5/21/2015. I am still receiving 50 - 75 of these emails a week, more than 5 months later.
These emails are a problem for me for several reasons: 1. I believe that this is a form of harassment, in violation of our severance agreement. I am an HR professional by trade and this bullying is causing me significant stress. 2. I have had this personal email address for over 15 years and don't want to change it, simply because the company can't figure out how to appropriately administer system notifications and permissions, and 3. This company is inappropriately sharing personal information of these employees with someone that has no right to know these things (do I care that employee X dropped their spouse from their insurance?).
What recourse do I have? What should I do next?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years 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.
Did you provide notice to the employer in writing or did you call them?
Customer: replied 2 years ago.
Everything was done by email, so it is documented.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If you gave them notice to cease and desist, the emails are now considered spam and you can sue the company for harassment for sending them to you for sending unsolicited emails.
There is also the CAN-SPAM Act and it provides you can file a complaint with the Federal Trade Commission and the Attorney General for them sending unsolicited emails and you would turn over all the emails they have sent you and they can be fined by the FTC for sending the unsolicited emails.
Also, under GA law, it is a criminal offense to continue to send unsolicited emails, so you can report the offense to the DA and present your evidence of the unsolicited emails and they can pursue the sender for criminal violations.
All of these are your options for pursuing the sender of the emails for not having these emails stopped upon you providing them notice to do so.