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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
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Hi, My previous employer has requested that I submit my

Resolved Question:

Hi,
My previous employer has requested that I submit my personal computer to a 3rd party forensic investigation after they dismissed me for sending myself emails from my work email address eight months ago. I have had the computer formatted and am happy to hand it over but what are my rights? Am I allowed to know what they have asked the 3rd party to search for and am I allowed to know the boundaries of the 3rd party? as the computer contains personal financial information.
Regards
Steve
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi,

Alex J. :

Thank you for your question and welcome. My name is ***** ***** I will assist you.

Alex J. :

Are they insisting you do this as a "compromise" to prevent court proceedings?

Customer: They haven't given any indication about this, they interviewed me in May about a series of emails I sent myself after handing in my notice. These contained documents and code I wrote for them. Which I wanted to keep for personal reference. one of the emails contained employee information relating to expenses. This data was 5 years old and sent by mistake I thought it contained my invoice information. In the meeting I offered them my laptop
Alex J. :

Hi, Thank you. If you are happy to do this and are confident there is nothing on the laptop prejudicial to you then I cannot see an issue with this per say.

Alex J. :

What you need to do is ask your employer for an indemnity against any damage or corruption to the Hard drive or physical state of the laptop.

Alex J. :

I would also take a copy of the hard drive, in case the laptop is tampered with in any way.

Alex J. :

You need your employer to say "in consideration for you disclosing the lap top they hereby indemnify for you for any losses damage or expense or any corrpution or lost data of the lap top"

Alex J. :

Aslo get them to agree on a figure for a replacement if it is lost or broken or not returned within an agreed time limit.

Alex J. :

I would bare in mind there is no real obligation on you to do this, without an injunction or active court proceedings.

Customer: The computer is not really the issue, it's what they are lookibg for and what the 3rd are allowed to report back. Am I legally allowed to request the report findings and to know what my previous employer have asked to be checked
Alex J. :

Hi, Thank you. ***** said as there is no legal obligation for you to do this, then you can make the disclosure of the laptop subject to whatever conditions you like.

Alex J. :

Just make sure it is all agree in writing and the following wording is used "In consideration of your disclosure of the laptop the employer agrees to do XYZ as soon as possible".

Customer: ok, thank you for your help. Could you send me your contact details please just in case I need official representation. As I'm struggling to understand their intentions as it's taken them eight months to get to this stage
Alex J. :

Hi, Thank you. I will switch to Q and A mode and you can ask me any follow up points on this thread. It wont be in real time however. I would be most grateful for any feedback.

Alex J. and other Law Specialists are ready to help you
Expert:  Alex J. replied 2 years ago.
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