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It's an issue with my former employer.I would like advise on…

It's an issue with...

It's an issue with my former employer.I would like advise on how to respond to this letter. By mistake I transferred a file to myself and another person that I shouldn't have. When I realized my mistake, I ask the other person not to download it. Neither of us have. However, my old company is asking for it back. I don't have it and do not have access to it because the transfer like has expired. The company should probably know by now that I never downloaded the file because there would have been a successful download email confirmation.Also, they would like any other company files that I might have. All I took for myself were some photos of office parties. Here is the letter.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Dear *****,
As an employee of Intersection Parent, Inc. (“Company”), you had access to confidential and proprietary
information of the Company (“Company Information”). This information included, but was not limited to,
station plans, marketing plans, customer lists, contract terms, methods of operations, customer
information, know how, and financial information. Under applicable law and under the terms of your
employment with the Company, you are required to keep all such information confidential and not to use
it to the detriment of the Company. In particular, under the Intersection Employee Handbook, which you
agreed to and accepted on January 12, 2017, you agreed not disclose “intellectual property, trade secrets,
confidential business information or other proprietary information of Intersection or its customers through
Company or non-Company electronic and communications devices and systems.”
It has come to our attention that despite your legal, ethical and professional obligations, prior to beginning
your employment with one of the Company’s direct competitors, Outfront Media, you emailed, copied,
downloaded or otherwise transferred Company Information, including including floor plans and maps of
Chicago Transit Authority Stations and other files to external servers or external accounts, including the
personal email of Erin Brady, Outfront’s Midwest Marketing Director. Those documents, and all
Company Information, are the confidential and proprietary business information of the Company, and
your exfiltration of those documents constitutes a serious breach. It has the potential to jeopardize
Company’s relationships with its customers, prospective customers, employees, vendors, and other third
parties.
We hereby notify you to immediately cease and desist from any and all breaches of your confidentiality
obligations, as well as any other misconduct that affects the Company. If you fail to do so, we will take
appropriate legal action against you, including seeking injunctive relief, which could prevent you from
being employed by Outfront.
You are instructed to immediately forward to us all Company property and all confidential Company
information in your possession, in all formats, immediately delete such information from your servers,
and certify to us that you have complied with the above. You are further instructed to promptly disclose
to me the names of any recipients with whom you shared Company Information and receive confirmation
from any such party that the information has been deleted. Furthermore, to the extent you were to solicit
any existing customers under contract with the Company, this may constitute tortious interference with
the Company’s contractual relationships.
Please note that Erin Brady, the person to whom you forwarded Company Information, is subject to a
non-solicitation agreement. We have notified Outfront of that agreement and we would be within our
rights to prevent you from becoming employed by Outfront pursuant to the terms of that requirement. We
have also notified Outfront (and will notify any other future employer that is subject to non-solicitation
and other restrictions) that you violated your confidential obligations to the Company by forwarding
Company Information to Erin Brady, and for Outfront to encourage or allow you to violate your
restrictions may lead to legal action against them as well.
The Company will continue to investigate this and other misconduct thoroughly, including whether you
initiated improper competitive behavior on behalf of your new employer. At this time, we are considering
all of our options, which may include litigation against you for your breach of your confidentiality and
other obligations to the Company.
We look forward to receiving the list of recipients with whom you shared Company Information.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's pretty much it.

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Customer reply replied 4 months ago
Hi,I'm still waiting for an answer to my question.
Customer reply replied 4 months ago
How much longer is this going to take? I've been waiting for an answer since 9:00
Answered in 10 hours by:
3/11/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,197
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am currently working on a response to your question and should have that to you shortly.

Ask Your Own Employment Law Question

I understand your desire to handle this matter appropriately. Technology is a great thing but it also makes it all too easy for any of us to make mistakes like this one. That said, the proper response is to reply in writing to your former employer stating that you inadvertently sent the information they identified to yourself and Erin Brady. That immediately upon realizing the error you deleted and your requested Erin Brady not to open and to delete the relevant information and that you believe that has been done but have asked for a signed statement confirming that which you will forward to them upon receipt. You should also, to protect yourself, state in the letter that you did, upon leaving employment with them, also take some personal photos of you and colleagues at office social events, which you do not believe constitute confidential or proprietary information but that you are happy, if they request you to do so, to identify those photos so that they may determine whether these also should be returned and/or deleted. Your next step is to get a signed statement - at this point it doesn't need to be anything formal, a letter format is fine as long as it is signed - from Erin Brady stating that she was emailed the link or document/information but never downloaded it and was asked by you to delete it and has done so and to provide that letter/statement to your former employer. This is always an uncomfortable situation, but handling it honestly and completely upfront helps to protect both you and your new employer from any further issues. Of course, you can never guarantee what another person or business will do, but responding and confirming no other confidential or proprietary information remains in your possession complies with the letter's request and also works to comply with the employee handbook and any other policies you agreed to while employed.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,197
Experience: Member at Keefer & Keefer LLC
Verified
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