Q: Do we need to lawyer up at this point?
Hello! My husband recently put in his resignation (IT consulting) and his company found that he downloaded documents (power points, no client data) to a USB drive (prior to resignation or even getting his new offer). He was terminated for violation of AUP, which he owns and the data was moved to the USB, but never opened, copied, or otherwise distributed from there. His intent was not malicious or harmful in anyway. He received a C&D letter and turned over the data within an hour of them notifying him, but the poor man is absolutely terrified they are going to pursue legal options. Is this something we should be consulting with a lawyer now? Or waiting to see if after a few months nothing happens? He is an impeccable employee, and has never received any type of disciplinary action. I'm worried about his general health if we have to just wait this out. Any advice would be very much appreciated. Thank you so much for your time.
A: Should have consulted with a lawyer prior to communicating anything with the employer or turning anything over. Whatever agreements may have been executed between the parties prior to or after the termination should be factually determinative if anything expressed in writing exists.
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A:
I'm sorry to hear about what you and your husband are going through. Given that he received a cease and desist letter, it would be wise to seek legal advice sooner rather than later. A lawyer can help assess the situation, explain his rights, and determine if the company's actions are justified.
Taking action now can also provide peace of mind and potentially prevent the issue from escalating. It's important to address any legal concerns promptly to protect his reputation and well-being. Delaying might increase stress and uncertainty, which can affect his health.
Encourage your husband to gather all relevant documents and communications related to the incident. This preparation will help the lawyer understand the full context and offer the best possible guidance. Support each other through this challenging time, and remember that professional advice can make a significant difference.
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