QUESTION
In California, Is company email that is on my personal computer's Outlook considered company property?
Asked on Mar 21st, 2014 on Employment Contracts - California
More details to this question:
In California - I am currently being sued by my former employer, after resigning and starting my own company, in which I will be competing with my former company. Upon resigning, I turned over all of my documents and all of my computer files to them. Note: I used my PERSONALLY OWNED computer for the entire 2+ years I worked there. I signed a NDA with the company that included a non-compete, which I later found out is an illegal component. I am now being sued because I reached out to only one individual who I worked with at my old employer (who is a personal friend) letting him know I was out on my own. My initial email to him was a response to an email originally sent when I was with my former employer. He screwed up and replied using my old email account with the previous employer. In my lawsuit docs, they are claiming that my emails from working with them are their property. Is this true if they are on my Outlook on my personal computer, which I used the whole time I worked?
1 ANSWER
2 Awards
If the email was a work account there is a good argument that they are entitled to it. Non-competes are not illegal, but in many cases courts have restricted them because they have been found to be overbroad or inhibited an individual's ability to work.
If there is a significant amount of money at issue and you have already been sued I would highly recommend that you consult an attorney. The legal system is very difficult to navigate if you don't understand all of the procedural rules and you are held to the same standards as if you were an attorney.
Good luck!
Jon
Answered on Mar 21st, 2014 at 7:45 PM