West Sacramento, CA asked in Employment Law for California

Q: I was fired. I returned the company laptop. Now the HR/IT team is not giving me my personal data on that laptop.

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1 Lawyer Answer

A: With the benefit of hindsight, you should have removed your personal files before returning the laptop. When an employer fires an employee, the employer will almost always refuse to give the employee access to their old email or data out of fear that the fired employee will attempt to sue the employer.

Your former employer is likely not obligated to return the files, especially if your former employer has a written policy prohibiting personal use of company property. It will likely be very difficult to bring any sort of claim for loss of the data without proof the employer knew you had personal data on the laptop when you returned it.

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