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Instead of giving me a copy of my work laptop hard drive (which

contains discoverable evidence) as promised...
Instead of giving me a copy of my work laptop hard drive (which contains discoverable evidence) as promised, my employer went through and copied what they considered "computer data" only (no programs). I was told this only after two weeks of insisting that hundreds of files containing key evidence was missing. I have a motion pending to compel them to turn over laptop to computer forensic spec. Maybe they didn't copy by accident, but the stonewalling was intentional. Should I be doing something else? Is there a legal definition of "computer data"? Then today they sent my psychiatric session notes via unencrypted email. I'm pro se and am getting a poor impression of employment lawyers.
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Answered in 9 minutes by:
7/9/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question. Please permit me to assist you with your concerns.

Unfortunately attorneys make it a point to be as specific as they can be without being helpful. If you are the one requesting documents, the onus is on you to define what you are seeking as specifically as possible. "Computer data" is way too broad, and speaking as a former programmer myself, it generally refers to raw data, not past applications, files, documents, folders, or modules--and it gives ample wiggle room to the opposing party to provide what they deem to be 'computer data' to you, which of course tends to include or not include items that they do not want you to have. There is no legal definition of computer data, it is up to you to make your own definition if you can. About the only thing beyond a motion to compel is a petition for contempt, but you aren't there yet as the compel motion is proper next step.

Good luck.

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Customer reply replied 4 years ago

Makes sense. Both atty and I had previously used "copy of hard drive" and "computer data" interchangeably. And they only had possession of the laptop because they demanded it's return right before they filed a motion for summary judgement. To the lay person, it appears like a how-to on separating a complainant from evidence damaging to their case. Could something like this warrant an interdependent tort in NC even though the damage is minimal since I caught it? I still don't have the evidence in question.

Thank you for your follow-up, Tucker.

I will be honest and do not see a basis for a legitimate cause of action here. They can fall back and claim your description was not specific so they used their best judgment in providing you with what they felt you requested, which without evidence to the contrary is going to be impossible to disprove. Please know that certain emails or documents labeled 'attorney-work product' are not able to be subpoenaed, so even if there is privileged communication between the attorneys and the company suggesting they stonewall, it is not something you would ever end up seeing.

Good luck.

Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Customer reply replied 4 years ago

ok, thanks, XXXXX XXXXX sig says to rate your answer as "great service", but I don't see a "great", so I'll go with excellent.

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Dimitry K., Esq.
Dimitry K., Esq.
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