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IT Work - Question about illegal tasks

StarsFan4Life

Golden Member
If I work for a Corporate business and as a "Help Desk Technician" (don't ask) I have recently been asked to do Outlook email searches for subpoena's against our company, is it illegal for me to do so with both terminated and present employee's?

Let me give you a bit of background of my job. Two years ago, I started out with this company as a Help Desk Technician. To this day, I work 10x harder, faster and do much more than any of our other IT people (and I do mean this). Clearly after 3 months of employement, my boss at the time knew I should have come in as something much higher. A few months later, he was no longer my boss, and I received a new one.

Around 6-9 months of proving myself to the new boss(even though my reviews clearly show I should be promoted) she realizes that I should move up. There is much talk, but no action taken. I am told that I am "promoted" but my actual title never changed, and my pay never increased. I essentially did a whole other complete job, still with the title of Help Desk Technician and the same pay rate (hourly salary).

Earlier this year(March 10th to be exact), our company for 500 employee's lets 80% of the IT department go. I changed bosses AGAIN (3 in 1 year). I was one of 6 that was asked to stay. That day, I was told I was being promoted to LAN Support Analyst. About 2 months later I had enough of this waiting crap and confronted my new boss and asked about my title change and about a pay increase (since I was doing 3 people's jobs now). I was told that by the end of May, he would have my job profile sent to HR for approval, and I would have my new job title, but I could expect little pay increase due to the "soft market" our company is going through.

Since then, I have been running around like a chicken with his head cut off. I do everything 110% and have not had a single complaint, even though a lot of the time I felt overwhelmed and that I was about to fail at my job...but I never did. I had been too busy and again stayed loyal to myself and to the company.....and remained a "Help Desk Technician".

Two weeks ago, our executives decided to hire a VP of IT. I am sure this guy makes a good 6 figure salary, but wait....I thought we didnt have the money to give me a $10k raise or something....and we fired all of these people, for what? All in all, this guy is pretty great, he is shaping up our IT department. My first meeting, I let it all out with him and he was surprised I remained with the company. He said he would "take care of the title change and salary increase". No word yet.......

Back to my orginal subject.....

About 4 months ago, we were advised in the IT department that Texas had passed a law that "any" computer technician would need an investigators license in order to "search" email. Our company at the time was not sure if that pertained to us or not, so to play it safe, we did not do this. Since then, our legal department has requested several times to get access to terminated and current employees emails pertaining to the subpoena's. Up until the new VP came in, I was advised to give the legal department a full PST of the email requested, and that they would search through the email themselves. My new VP came in and the legal department got ahold of him quick and requested that "we/me" start searching through the PST's for the "subjects at hand".

Now, I do not mind work. However, doing what is asked takes a ton of time to do and frankly takes me away from doing my real job.....the HelpDesk Technician Lan Support Analyst Do Everything Guy. I also feel uncomfortable actually performing the task if it is actually ILLEGAL for me to do.

Two things, is it illegal for me to search through terminated and current employee's PST's/Mailboxes?

Also, how in the hell should I deal with the title and salary increase I was promised close to 9 months ago? Now, if it was NOT for my wedding that I am spending $35k on, I would have dropped this company like it's hot, but I am trying to be as careful as I can to continue to have a job in this dire time of job losses. All in all, it hurts to be raped in the butt this bad, but I am trying to be as responsible as possible.

Any advise would be appreciated



FRANKLY, this is how I feel:

Peter Gibbons: The thing is, Bob, it's not that I'm lazy, it's that I just don't care.
Bob Porter: Don't... don't care?
Peter Gibbons: It's a problem of motivation, all right? Now if I work my ass off and Initech ships a few extra units, I don't see another dime; so where's the motivation? And here's something else, Bob: I have eight different bosses right now.
Bob Slydell: I beg your pardon?
Peter Gibbons: Eight bosses.
Bob Slydell: Eight?
Peter Gibbons: Eight, Bob. So that means that when I make a mistake, I have eight different people coming by to tell me about it. That's my only real motivation is not to be hassled; that, and the fear of losing my job. But you know, Bob, that will only make someone work just hard enough not to get fired.
 
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.
 
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.

Then why do I feel so uncomfortable having to open current employee's mailboxes and "find" different emails?
 
Originally posted by: StarsFan4Life
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.

Then why do I feel so uncomfortable having to open current employee's mailboxes and "find" different emails?

If you find any hot nudes then post them here.
 
No, not illegal. If requested to do so, you can do so. Any information moved or stored on any infrastructure of the company is owned by the company.

Also, time to start looking for a new job. You're in a shitstorm.
 
I can't comment on whether it's legal or not for you to do the searching...I've never heard of such a law, but I'm not an expert on these matters either.

On the topic of the promotion/pay increase:

It's not gonna happen. Four different bosses have promised it (sometimes even with deadlines), and so far nothing has changed. It's time to start job hunting. If you really like the company and want to stay, go back to the VP once you've received another offer and give him a final chance to make good on his promise. Don't settle at that point for another promise; you should have the new title and salary before the offer at the other job expires. Be prepared to walk if they balk...they've already consistently shown that your contributions are not valued, it's not unreasonable to expect that they'd simply let you walk away.
 
Originally posted by: pontifex
your company played it safe by NOT getting the required licenses that the law says they need?

Sounds like they played it safe by not doing any sort of snooping, and they've since changed their minds. The law in question was intended to protect individuals from having the Geek Squad snoop around in their porn collection. It wasn't intended to force computer repair techs to get PI licenses, it was intended to prevent them from performing PI tasks. But the OP isn't really doing that, because it's company-owned data. There is no expectation of privacy with a company e-mail account.
 
Originally posted by: reitz
I can't comment on whether it's legal or not for you to do the searching...I've never heard of such a law, but I'm not an expert on these matters either.

On the topic of the promotion/pay increase:

It's not gonna happen. Four different bosses have promised it (sometimes even with deadlines), and so far nothing has changed. It's time to start job hunting. If you really like the company and want to stay, go back to the VP once you've received another offer and give him a final chance to make good on his promise. Don't settle at that point for another promise; you should have the new title and salary before the offer at the other job expires. Be prepared to walk if they balk...they've already consistently shown that your contributions are not valued, it's not unreasonable to expect that they'd simply let you walk away.

You are so right. I know I am valued here...because the day I leave the day the IT department SUCKS! Not 1 person in our company likes to speak/work with any of the others. I am the only one who does my job and KNOWS how to do it.
 
Originally posted by: StarsFan4Life
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.
Then why do I feel so uncomfortable having to open current employee's mailboxes and "find" different emails?
You're the only one who can answer why you don't feel comfortable doing it, but if your company's policy states that email is corporate property then you probably are clear in doing the search.

For what it's worth, I was uncomfortable doing these searches at my last job and actually did refuse. I would give access to an HR rep or the user's manager (and only these two options) and wait in their office in case they needed help.
 
Originally posted by: middlehead
Originally posted by: StarsFan4Life
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.
Then why do I feel so uncomfortable having to open current employee's mailboxes and "find" different emails?
You're the only one who can answer why you don't feel comfortable doing it, but if your company's policy states that email is corporate property then you probably are clear in doing the search.

For what it's worth, I was uncomfortable doing these searches at my last job and actually did refuse. I would give access to an HR rep or the user's manager (and only these two options) and wait in their office in case they needed help.

What do you do now?
 
Originally posted by: dNor
Originally posted by: StarsFan4Life
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.

Then why do I feel so uncomfortable having to open current employee's mailboxes and "find" different emails?

If you find any hot nudes then post them here.
LOL. I can see why you had that blog last month. It seems like 90% of your posts have something to do with nudes or boobs or something sexual. Damn. :laugh:

As for the OP, I would've been job searching on the side a loooong time ago.
 
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.

I'm not sure about the legality - I remember reading about a new Texas law which prohibited computer forensic searches without having a private investigator's license.

But whether it's legal or illegal, it won't matter if the email belonged to a current employee or a former employee. There's no distinction. As mugs points out, the email is the property of the company. Whether you are legally allowed to search through it based on Texas law is a different issue.
 
Originally posted by: clamum
Originally posted by: dNor
Originally posted by: StarsFan4Life
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.

Then why do I feel so uncomfortable having to open current employee's mailboxes and "find" different emails?

If you find any hot nudes then post them here.
LOL. I can see why you had that blog last month. It seems like 90% of your posts have something to do with nudes or boobs or something sexual. Damn. :laugh:

Shens
 
I'm not going to comment on the legal aspects, because I'm not a lawyer.

My advice with respect to IT: Quit. Banging your head against the same wall won't do anyone any good. The problem is that you think the VP, your boss(es) or anyone else actually cares. The cold reality is that they don't, and to be quite honest, unless their business is in IT support, they shouldn't.

The point is, you could spend years trying to show your value to whomever but it won't make a big of a difference. Climbing the corporate ladder doesn't make sense when the ladder is flat on the ground, and for most IT folks it will forever remain just like that.

So, to summarize: Quit. Quite worrying about the silly title and treating it like it has some intrinsic value. Do what you need to do to take care of your family, but find a path out and move up in your career. That's truly the only way in IT.
 
Originally posted by: StarsFan4Life
Originally posted by: middlehead
Originally posted by: StarsFan4Life
Originally posted by: mugs
Employee e-mails are company property. Even in Texas, I don't think you're doing anything illegal.
Then why do I feel so uncomfortable having to open current employee's mailboxes and "find" different emails?
You're the only one who can answer why you don't feel comfortable doing it, but if your company's policy states that email is corporate property then you probably are clear in doing the search.

For what it's worth, I was uncomfortable doing these searches at my last job and actually did refuse. I would give access to an HR rep or the user's manager (and only these two options) and wait in their office in case they needed help.
What do you do now?
I'm still in IT, just at a bigger company where I have much less responsibility. I could still pull off an email search, I can get into people's accounts if I must, but those requests go to a dedicated "Information Security Office."

The other job was similar to yours, small company with a small IT department so I had to have my hands in everything.

Basically - I used to run shit, now I get to just fix shit.
 
do not quit without first:

1) applying and getting an offer from a job(s).
2) accepting one of the offers, or seeing if your current employer will give a counter offer.

also, do not delay on this task. get an offer from a new job within 2 weeks. its up to you to get more money, if you sit on your ass and wait, you wont get shit.

 
Originally posted by: randay
do not quit without first:

1) applying and getting an offer from a job(s).
2) accepting one of the offers, or seeing if your current employer will give a counter offer.

also, do not delay on this task. get an offer from a new job within 2 weeks. its up to you to get more money, if you sit on your ass and wait, you wont get shit.

2 weeks? He'll be lucky to even have a first interview by then.

And even if you were to get a counter-offer from your current company, I would still leave b/c due to the company downsizing, lack of appreciation/career progression and they're not going to take care of you going forward.
 
Corporate Email belongs to the company and is not private. Private documents should be in writing and sealed before transferring possession from the sender to the recipient.

I work for the gubment and I have been asked to grab images of someone's entire Email account to be 'processed' for evidence against them. To me, I don't really care because if someone was dumb enough to send something incriminating over Email, they deserve to get canned.
 
There is a lot of advice here so will just post one thing.
CYA, ask the legal or HR folks for an official company policy letter regarding this. You could go through the IT VP as he will probably have a little more clout in getting this done.
What is the bosses opinion on this? Has he told you specifically to go ahead and keep doing this? You gotta check out the legal part too dude.
 
all things generated by or on company equipment belong to the company. The company can do whatever they want with that data it is theres. Now if you had to go into a hotmail account, then it wouldn't be legal. But where this is company email then you're safe.
 
The easiest way to move up in a company that is not an IT company is to company jump. Especially in a company like that. Sure, there will be a new job opening in that company at some point, but it could be years. See if the new VP follows through, follow up with him and see where he is at. He cares if you do your job, writing up the HR request for your pay raise and title change isn't his priority, especially if he doesn't have someone annoying the hell out of him about it.

EDIT: And searching emails is not illegal.
 
Originally posted by: ZeroIQ
The easiest way to move up in a company that is not an IT company is to company jump. Especially in a company like that. Sure, there will be a new job opening in that company at some point, but it could be years. See if the new VP follows through, follow up with him and see where he is at. He cares if you do your job, writing up the HR request for your pay raise and title change isn't his priority, especially if he doesn't have someone annoying the hell out of him about it.

EDIT: And searching emails is not illegal.

I am going to shape up my resume on Sunday. Funny thing is, one of our good friends happens to work for an IT recruitment office. Guess what, she works on the same floor as I do in our 20 floor building. I have gotten in pretty good with the owner of the company. I am going to throw my resume his way and see if I can get a great job paying $50k....I am well worth that.
 
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