Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Good. Ohio. Not yet. I was working for employer TCS and its…

Customer Question
Ohio Lawyer's Assistant: Has...

Ohio

Lawyer's Assistant: Has anything been filed or reported?

Not yet

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

HelloI was working for employer TCS and its client.on my final day at TCS I happen to transfer content of a folder (on my client laptop) that has few files. I transferred them by emailing from my client email to my gmail without knowing the detailed content of the folders properly. I intended to use for my reference purpose only. Later this activity was discovered by client and I was asked by client to take actions to mitigate. I complied to their demands and deleted those files permanently. TCS also reached out to me
seeking the same, I provided them the written letter explaining the situation.Please take a look at mail from client and my response to them. Also see my response letter to TCS.Now TCS has come back with a affidavit (attached here) for me to sign. They are asking me to agree under oath. I am scared now. I have deleted all the files and
therefore I am no longer in possession of any of those documents. I am scared that TCS will use this affidavit against me legally.Kindly take a look at my situation and advise.

Submitted: 9 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
9/21/2017
Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,292
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Where is the affidavit?

Ask Your Own Legal Question
Customer reply replied 9 months ago
Hello
I am attaching the files here. Please take a look.
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for our reply.

You have committed a serious data breach, especially given the hacking at equifax. So they are demanding the affidavit to commit you under oath that you have deleted/destroyed all of the information you downloaded illegally from them. If you do not sign, they can sue you and even file criminal charges against you for taking their confidential information. So at this point you have no real choice unless you plan on fighting them in court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 9 months ago
Hi
"You have committed a serious data breach, especially given the hacking at equifax" -- Can you elaborate this. Also I didn't knew the content and I don't re-collect as I never opened them. Now if I agree wouldn't they sue me?
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

You took confidential records, intentionally downloading records you know belonged to TCS and not you, regardless of whether you knew the file contents at the time you downloaded them or not So, if you do not sign, they will sue you for damages and for computer hacking and they could turn it over to the police as well. They can make this into a much bigger deal than it is right now if you do not comply.

I would contact TCS and ask for an agreement not to prosecute and tell them you will agree to sign the affidavit. However, if they tell you they will not give that to you, then you can roll the dice telling them you will not sign and risk they will pursue criminal and civil claims against you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 9 months ago
I agree that I did this stupid mistake. But if I sign the affidavit then they can still sue me and my chances of defending will get even slimmer. your thoughts please.
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

Even if you do not sign it they can pursue you and they have the computer tracking history to show you did it, so your admission one way or another is not going to make your defense weaker. They have the proof it was you and they have the letter you wrote apologizing already, so they have everything they need should they choose to prosecute you or sue you. The affidavit is protection for them making sure you swear under penalty of perjury you disposed of the files and have not shared them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 9 months ago
I agree that I am at the mercy of them already but I am worried that they are slowly bringing me under law as criminal by making me agree for mistake under oath. I have deleted all the files. I have made a video of it also as a proof of deletion.
what's the best way out of it for me without harming my career and life?Also you mentioned "The affidavit is protection for them making sure you swear under penalty of perjury you disposed of the files and have not shared them" -- protection of TCS from whom? please elaborate this
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

TCS protection from any customer whose information was compromised that you stole. You committed a crime, you do not understand that it seems. You then sent them a letter already admitting to committing the crime, which is confirmed by their computer tracking history.

So you need to sign the affidavit swearing you did not share it and destroyed it and move on. If they were going to charge you or sue you, they would be doing it without the affidavit, because you already admitted to doing so. Now they just want you to swear you deleted it and if you do not, they will likely sue you.

Ask Your Own Legal Question
Customer reply replied 9 months ago
One question... in the affidavit letter, if you see at the top, there is "Attorney work Product" and "Internal use only" -- does this mean this document is legal (meaning if its from law/ attorney department) ?
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

Yes, it means it is from their company legal department and it says they can use it for internal purposes only.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 9 months ago
Hi ... One final question...Since I have deleted all the files completely and permanently and If I sign this affidavit and go through the investigation process, what the probability that they won't put charges on me after they find all files are deleted .. Please advise
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Honestly, the chances of them not pursuing any charges are VERY GOOD because they do not want the publicity and if they pursue charges that means they have to go public with the data breach.

So if you sign, chances are it goes away completely.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 125,292
125,292 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

125,292 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
How after my medical marijuana card expires can I purchase a
how long after my medical marijuana card expires can I purchase a gun? In California? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,292 satisfied customers
What are the Florida Laws concerning bringing wine into a restaurant
What are the Florida Laws concerning bringing wine into a restaurant & corkage fees?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,993 satisfied customers
I am a convicted felon. Can I be licensed as a repo man I
I am a convicted felon. Can I be licensed as a repo man? I live in California.… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I was charged with possession of. I gave my friend a ride
i was charged with possession of weed. I gave my friend a ride and he had weed in his pocket. I didnt know he had it till he pulled it out of his pocket and then the officer walked up and charged both… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,292 satisfied customers
I have questions concerning gun possession laws and what
I have questions concerning gun possession laws and what happens in the case of death of someone possessing guns … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I was arrested in Texas on the charge of possession of
Hi. I was arrested in Texas on the charge of possession of marijuana under 2 oz. Though i have a clean record with only one traffic ticket, I an still worried about the stringent enforcement of drug l… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,198 satisfied customers
I have been charged with unlawful possession of a weapon and
I have been charged with unlawful possession of a weapon and gave my lawyer $5,000 to defend me.At arraignment I had to sign not to possess any firearm or go to jail. Why did I lose a right that I wou… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Does a seller have to "remove, by the date possession is
Does a seller have to "remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property" if the propert… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
I have a order for possession on Monday is there anything I
I have a order for possession on Monday is there anything I can do I need more time to find a place I have a disabled son plus 3 other boys I am desperate please let me know … read more
Bill Attorney
Bill Attorney
law
2,435 satisfied customers
My boyfriend was arrested for drug possession in 2016. First
My boyfriend was arrested for drug possession in 2016. First time offense. He did not have a valid drivers license at the time of arrest due to being sued in 2009 (car accident) and in 2011 his licens… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
540 satisfied customers
What does an undisposed case of possession of drugs in Ohio
what does an undisposed case of possession of drugs in Ohio mean on a person's record? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
540 satisfied customers
Is adverse possession transgerable from one owner to another
Is adverse possession transgerable from one owner to another to accumulate the required 21 years? … read more
Lori
Lori
Juris Doctor
1,569 satisfied customers
I am attempting to make a claim of adverse possession on a
I am attempting to make a claim of adverse possession on a piece of property that has been inside a fence of my yard since prior to the purchase of my house in 2003. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
957 satisfied customers
My car was burglarized while not in my possession (it was at
My car was burglarized while not in my possession (it was at a car dealer lot) in Oklahoma City. The car is titled in the state of Texas and has Texas tags. I am not the owner of the items that were s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We sued our neighbor in an Adverse Possession case. They
We sued our neighbor in an Adverse Possession case. They submitted to dismiss. The dismissal was upheld. Can I appeal? If so what's the process?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
I received a ticket for misdemeanor possession of marijuana
I received a ticket for misdemeanor possession of marijuana in Mi 7 years ago. The State Police officer told me I could pay the ticket when I got home in Ky. I was in Mi because I was critically ill a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
How many dogs can a household have in Kaukauna.My neighbor
How many dogs can a household have in Kaukauna.My neighbor has 4 pitbulls that they leave run loose. Bill… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Is it legal to trap and shoot rabbits causing damage to my
Is it legal to trap and shoot rabbits causing damage to my plants with a pellet gun in centennial CO… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,442 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x