Legal Question in Employment Law in California

hardrive forfieture
My previous employer found through looking into my corporate emails that I had sent some non-threatning, prospective client data to my home computer (no real company information). They demanded that a third party company come and copy my hardrive for their use/review etc. This happend in early 2004. I agreed to let them review and copy my hardrive,knowing that outside of a few pieces of data I had nothing else to hide. My lawyer for my next company took down an avidavit with regards to me not holding any company infomration outside of the few pieces I admitted to having and strongly encouraged me to let them have my hardrive. Okay, now thier law firm - in Irvine, CA have this whold entire hardrive of my personal computer. I have very personal, priviate, financial and other personal information on my hardrive that has nothing to do with the few pieces of data I emailed to myself and then gave back to them. Can I get my hardrive back? How long can the company, or the firm hold onto my personal hardrive? I feel as though I am hostage here and anybody at this law firm and my previous employer can simply review my personal and private information including (banking statements, etc.)
Can I get this hardrive back? Any rights?

Asked on 5/06/05, 11:37 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: hardrive forfieture

I guess it depends on how long the agreement you signed would last. I believe a "reasonable time" can be implied if no period is specified. If you want it back, send a demand letter for its intact return, certified return receipt. Keep a copy. If they then refuse to return it, you can bring suit for conversion. P.S. I suggest that, in the future, you password protect sensitive information on your computer like financials, in any case. P.P.S. Don't give up your hard drive ever again. Talk to a lawyer first.

Answered on 5/09/05, 4:49 pm

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