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YALT: Yet another legal thread

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Onita

Golden Member
An acquaintance was "caught" sending emails about a 2nd job while at work (Company records all emails, although obviously this wasn't known). This person has now been threatened with criminal charges, although nothing has been done yet. Anybody know what these charges could/would be?
 
<-- Not a lawyer.

Unless the 2nd company is a competitor and the "acquaintance" has signed some sort of non-compete/trade secrets agreement it sounds like a lot of hot air to get them to quit instead of being fired.
 
I probably should have put this in the main paragraph - it was a governmental agency that this person worked for. The side job had nothing to do with it (selling/commission based).

The term that was used is "criminal profit from business on the job".
 
Originally posted by: Onita
I probably should have put this in the main paragraph - it was a governmental agency that this person worked for. The side job had nothing to do with it (selling/commission based).

The term that was used is "criminal profit from business on the job".
Click to expand...

good thing for your friend Obama nixed torture.
 
Originally posted by: Marlin1975
Yea unless he sent protected work i don;t think there is anything they can do.


What kind of company?
Click to expand...

unauthorized use of company resources could maybe be turned into some corporate felony offense...


and what a bonehead.
 
Why is "caught" in quotes? 😕 Was he caught or was he not caught?

There are certainly laws that he could have broken (for example if his e-mails contained trade secrets), but it sounds like they're just blowing smoke.
 
Originally posted by: mugs
Why is "caught" in quotes? 😕 Was he caught or was he not caught?

There are certainly laws that he could have broken (for example if his e-mails contained trade secrets), but it sounds like they're just blowing smoke.
Click to expand...

I dunno, I put it in quotes to show that nobody saw them per say, but that all emails are copied by IT.
 
Originally posted by: hanoverphist
Originally posted by: Marlin1975
Yea unless he sent protected work i don;t think there is anything they can do.


What kind of company?
Click to expand...

unauthorized use of company resources could maybe be turned into some corporate felony offense...


and what a bonehead.
Click to expand...

maybe this. didn't dave mcowen get arrested for installing seti@home on a bunch of state/federal computers?
 
believe it or not, most of us lawyers do not have a crystal ball that allows us to decipher cryptic posts wholly devoid of details.
 
Originally posted by: NSFW
I love how people are so vague. Wouldn't it be quicker and easier just to tell the whole story?
Click to expand...

A. I don't know the full story.
B. I wouldn't post it anyways because its an ongoing issue.

I'm not sure what's so vague. A person was sending emails out about a side business, and I wanted to know what the charges could be.

EDIT: Wasn't asking for legal advice, just the possible charges. If you think you may know and I can PM you a few more details Jeebus, PM me.
 
Originally posted by: Jeeebus
believe it or not, most of us lawyers do not have a crystal ball that allows us to decipher cryptic posts wholly devoid of details.
Click to expand...

Wait.... So your saying you can't give legal advice based on two sentences?
 
Originally posted by: Onita
I probably should have put this in the main paragraph - it was a governmental agency that this person worked for. The side job had nothing to do with it (selling/commission based).

The term that was used is "criminal profit from business on the job".
Click to expand...

What agency?

For them to go that far it had to be tied to Gov work and/or open access to something private.

I do HR for State Dept and if your friend was charged with that he did something much worswe they you are letting on.
Either that or the MGT is a idiot and just throwing something out he heard from a class to scare him and he is not charged and will not be.
 
B. I wouldn't post it anyways because its an ongoing issue.
Click to expand...

Maybe it would be a good idea then to consult a lawyer?

If he did so something unlawful, he would of been met with invistigators hired from the company or he would of found his belongings curb-side the next day.
 
Assuming the people he works for would care to pursue it, the most likely outcome is that he loses his job and forever has to tell people that he was canned from it.

Realistically, unless he signed a contract agreeing to certain fines for things like this, then I think the most that would happen for sending a few emails on company time is that he pays the company back for a few hours of work and has a little bit of community service.

A lot depends on what he was sending and how much time was spent doing it, I think.

Not a lawyer, but I'm pretty sure you gotta prove damages/loss of time/loss of production before anything serious can happen and unless "your friend" was flat out doing other work while he was at another job then it's most likely a scare tactic to teach him a lesson.
 
Originally posted by: Regs
B. I wouldn't post it anyways because its an ongoing issue.
Click to expand...

Maybe it would be a good idea then to consult a lawyer?

If he did so something unlawful, he would of been met with invistigators hired from the company or he would of found his belongings curb-side the next day.
Click to expand...

Already is, however, no charges have been brought yet.
 
Originally posted by: Marlin1975
Originally posted by: Onita
I probably should have put this in the main paragraph - it was a governmental agency that this person worked for. The side job had nothing to do with it (selling/commission based).

The term that was used is "criminal profit from business on the job".
Click to expand...

What agency?

For them to go that far it had to be tied to Gov work and/or open access to something private.

I do HR for State Dept and if your friend was charged with that he did something much worswe they you are letting on.
Either that or the MGT is a idiot and just throwing something out he heard from a class to scare him and he is not charged and will not be.
Click to expand...

Its a county agency. From what I understand, the management has recommended that it just be a several day suspension, however, the new head of HR is insisting on taking it further to set precedence (sp?).
 
Originally posted by: Onita
I probably should have put this in the main paragraph - it was a governmental agency that this person worked for. The side job had nothing to do with it (selling/commission based).

The term that was used is "criminal profit from business on the job".
Click to expand...

Ah... sounds like a Dave McOwen situation.
 
Originally posted by: hanoverphist
Originally posted by: Marlin1975
Yea unless he sent protected work i don;t think there is anything they can do.


What kind of company?
Click to expand...

unauthorized use of company resources could maybe be turned into some corporate felony offense...


and what a bonehead.
Click to expand...

there was once this guy who put a seti client on a bunch of government owned computers and I guess someone who didn't like him turned him in. Go it some serious crap. Can't remember his name though.
 
Originally posted by: Onita

I'm not sure what's so vague. A person was sending emails out about a side business, and I wanted to know what the charges could be.
Click to expand...

I would assume there is a great deal of difference between sending an email that says "yes, you're right Phil, I have a side job selling speakers out of the back of my truck. It keeps the baby in diapers" and one that says "Phil, attached find the receipt for the speakers you purchased from me as an employee of HotSpeakers along with a complete list of items I have in stock. For further information, email me here joeshmoe@usgovtagency.com."
 
Originally posted by: rudder
Originally posted by: hanoverphist
Originally posted by: Marlin1975
Yea unless he sent protected work i don;t think there is anything they can do.


What kind of company?
Click to expand...

unauthorized use of company resources could maybe be turned into some corporate felony offense...


and what a bonehead.
Click to expand...

there was once this guy who put a seti client on a bunch of government owned computers and I guess someone who didn't like him turned him in. Go it some serious crap. Can't remember his name though.
Click to expand...

dmcowen... I think he was fined ~$4000 or something like that. Not to mention the time it consumed and whatever he paid his lawyer.
 
Originally posted by: rudder
Originally posted by: hanoverphist
Originally posted by: Marlin1975
Yea unless he sent protected work i don;t think there is anything they can do.


What kind of company?
Click to expand...

unauthorized use of company resources could maybe be turned into some corporate felony offense...


and what a bonehead.
Click to expand...

there was once this guy who put a seti client on a bunch of government owned computers and I guess someone who didn't like him turned him in. Go it some serious crap. Can't remember his name though.
Click to expand...

There was this guy mentioned several times in the thread already who did that too - what a coincidence!
 
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